Buria v. Rosedale Engineering Corp.

Plaintiff was injured while using a washing machine maintained in the basement of an apartment house for the convenience of the tenants. She claims that her injury was caused by a defective mechanical device in the machine, known as a timer. While it is doubtful whether there was sufficient proof to establish that the timer was at the time of the occurrence defective, in view of the dismissal on plaintiff’s case we shall give plaintiff the benefit of that doubt and assume that the accident resulted from a defective timer.

But, in order to recover, plaintiff must prove negligence on the part of…