Keenan v. McAdams & Cartwright Elevator Co.

Although plaintiff failed to prove the specific acts of negligence alleged in his complaint, yet upon the trial *372counsel for the defendant Bloomingdale expresssly waived any objection upon that score. Plaintiff did proceed with his proof along the lines of his pleading so far as to make a case for the jury, in my opinion, under the doctrine of res ipsa loquitur. The jury were warranted in finding that plaintiff refused to work near the machine which caused the accident unless it were stopped; that the chief engineer, the authorized representative of the defendant Bloomingdale, who had…