Stelter v. Cordes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Cordes. and another, from a judgment of the Municipal Court of the city of Yew York,' borough of Brooklyn, in favor of the plaintiff, rendered on the 24th day of January, 1911.
1Opinion of the Court
Jenks, P. J.:
To sustain this judgment the plaintiff invokes necessarily the rule of res ipsa loquitur. The plaintiff when bowling in a public bowling alley slipped and ran a splinter into his foot. The obligation of the defendants was that of reasonable care and prudence lest their premises might injure the plaintiff when in a reasonable contemplated use thereof. (Larkin v. O’Neill, 119 N. Y. 221.) The rule in question arises when, the occurrence as proved points necessarily to negligence of some kind on the part of the defendant. (Robinson v. Consolidated Gas Co., 194 N. Y. 37, 41; Griffen…
2Cases cited3 opinions
- Larkin v. . O'NeillNew York Court of Appeals · 1890
- Robinson v. . Consolidated Gas Co.New York Court of Appeals · 1909
- Curran v. Warren Chemical & Manufacturing Co.New York Court of Appeals · 1867
3Cited by3 opinions
- Nabson v. Mordall Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Belkin v. Playdium, Inc.Albany City Court · 1949
- Gershowitz v. GreensteinAppellate Terms of the Supreme Court of New York · 1913