Cameron v. H. C. Bohack Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHopkins, J.
This appeal primarily involves a determination of whether the doctrine of res ipsa loquitur is applicable when a customer falls in a self-service supermarket due to the presence of debris on the floor.
The plaintiff and her son had entered the store in order to make a purchase. While walking in an aisle, the plaintiff fell on granular material which resembled a detergent. Products of this type were located on the open shelves adjoining the aisle. The court below charged the jury:
“ The plaintiff contends that when a retailer chooses this method of merchandising; namely, inviting the public to,…
2Cases cited15 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Galbraith v. BuschNew York Court of Appeals · 1935
- Nelson v. NygrenNew York Court of Appeals · 1932
- Slater v. BarnesNew York Court of Appeals · 1925
- Day v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1952
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3Cited by28 opinions
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Weeden v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Padula v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Rose v. Da Ecib USAAppellate Division of the Supreme Court of the State of New York · 1999
23 more not listed; retrieve them via the Exa API.