Bloss v. Pure Oil Co.

Judgment and order reversed, on the law, and new trial granted, with costs to appellant to abide the event, on the ground of error in the charge in respect to the doctrine of res ipsa loquitür which had no application in the case and was prejudicial. Van Kirk, P. J., Hinman and Hasbrouek, JJ., concur; Davis and Whitmyer, JJ., dissent and vote for affirmance. [133 Misc. 486.]