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KANE v. TEN EYCK CO.

10 Misc.2d 398 (1943)

George W. Kane, Plaintiff, v. Ten Eyck Co., Inc., et al., Defendants.

Supreme Court, Trial Term, Albany County.

January 11, 1943.

Attorney(s) appearing for the Case

John J. Scully for plaintiff.

Merton D. Meeker and Rollin B. Sanford for defendants.

FRANCIS BERGAN, J.

In circumstances appropriate to the application of the doctrine of res ipsa loquitur, a prima facie case of negligence results from the establishment of facts which invoke the doctrine (George Foltis, Inc., v. City of New York, 287 N.Y. 108). Essentially, the rule is one which affects the "degree of proof" required "under certain circumstances" (Courtney v. Gainsborough Studios...

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