Marceau v. Rutland Railroad Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The rule of res ipsa loquitur was not applicable to the case at bar, and the motion for nonsuit should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The rule of res ipsa loquitur was not applicable to the case at bar, and the motion for nonsuit should have been granted. (Welch v. Cornell, 168 N. Y. 508; Henson v. Lehigh Valley R. R. Co., 194 N. Y. 205; Ferrick v. Eidlitz, 195 N. Y. 248; Lucid v. Dupont P. Co., 199 Fed. Rep. 311; Shandrew v. C., St. P., M. & O.…
1Opinion of the CourtWerner, J.
The question presented by this appeal is whether the case is one in which it is proper to apply the maxim res ipsa loquitur. The plaintiff was a fireman employed by the defendant on one of its locomotives on the 25th of March, 1911, when he was injured by a sudden expulsion of steam and hot water from the boiler into the fire box and thence into the cab where he was stationed in the performance of his duty. The learned trial justice held that the maxim was applicable, and he so instructed the jury. To this charge the counsel for the defendant interposed an exception. The plaintiff was given a…
2Cases cited11 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mayes v. Kansas City Power & Light Co.Supreme Court of Kansas · 1926
- Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
- Frazier v. Ford Motor Co.Supreme Court of Missouri · 1955
- Central R. v. PelusoCourt of Appeals for the Second Circuit · 1923
- Cott v. . Erie R.R. Co.New York Court of Appeals · 1921
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