Fink v. New York Central Rd.

This case presents the single question: “Was the Court of Appeals correct in holding that the plaintiff was entitled to a charge upon the doctrine of res ipsa loquitur

This doctrine has been the subject of much confusion and great divergence of opinion. The adjudicated cases and .the test writers are not in agreement as to what the doctrine really is or how or when it should be applied. Time and space prohibit any attempt to harmonize the confusion and conflict presented in the cases.

It is the general rule, so well established as to need no citation of authority, that negligence is never…