Robinson v. Consolidated Gas Co.

The contention of defendant’s counsel that the doctrine of res ipsa loquitur does not apply in negligence cases where the relation of master and servant exists is refuted by one of the authorities cited to sustain that proposition, to wit, Fouquet v. N. Y. C. & H. R. R. R. Co., 53 Misc. Rep. 125, where the rule is stated as follows: “ The master is presumed to have performed his duty to the servant ; but if, from the surrounding circumstances established, or from such as may be fairly inferred from . the facts proved, it appears that the injury would. not have happened with the exercise of…