Neuhoff v. Retlaw Realty Corp.

I dissent and vote to reverse the judgment and to grant a new trial. In my opinion the doctrine of res ipsa loquitur is not applicable to the facts in this case. The testimony establishes that the building from which the pail fell was an apartment house, the roof of which was used in common by all the tenants in the building for the purpose of hanging out their washing. It can be assumed that there was a parapet wall around it at least two feet high. (N. Y. City Adm. Code, § C26-444.0.) Assuming that it might be inferred from the evidence offered by the plaintiff that the paint pail belonged…