Legal Opinion
Kane v. Ten Eyck Co.
New York Supreme Court
Decided January 11, 1943PublishedCited by 9 opinions
1Opinion of the CourtFrancis Bergan, J.
In circumstances appropriate to the application of the doctrine of res ipsa loquitur, a prima facie case of negligence results from the establishment of facts which invoke the doctrine (George Foltis, Inc., v. City of New York, 287 N. Y. 108). Essentially, the rule is one which affects the “degree of proof ” required “under certain circumstances” (Courtney v. Gainsborough Studios, 186 App. Div. 820).
Since it is not invoked by the occurrence of every unexplained accident, it becomes important in this case to examine the kind of circumstances which call for its application. It arises from a…
2Cases cited21 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- De Wolf v. . FordNew York Court of Appeals · 1908
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
- Monahan v. National Realty Co.Court of Appeals of Georgia · 1908
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Elizabeth Ferrara v. Sheraton McAlpin CorporationCourt of Appeals for the Second Circuit · 1962
- Jungjohann v. Hotel BuffaloAppellate Division of the Supreme Court of the State of New York · 1958
- Apper v. Eastgate AssociatesCourt of Special Appeals of Maryland · 1975
- Schanberg v. StateNew York Court of Claims · 1969
- Stone v. Courtyard Management Corp.Court of Appeals for the Second Circuit · 2003
4 more not listed; retrieve them via the Exa API.