HALLETT v. STANLEY STORES CLEANERS & DYERS


276 A.D. 386 (1950)

Benjamin E. Hallett, Appellant, v. Stanley Stores Cleaners & Dyers, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1950.


Attorney(s) appearing for the Case

J. Stanley Cohen for appellant.

Richard E. Bauman of counsel (Keegan & Eberlein, attorneys), for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The rule of res ipsa loquitur applies where an advertising sign has fallen, and hangs in a precarious position over a public sidewalk (McNulty v. Ludwig & Co., 153 App. Div. 206). Plaintiff gave some evidence indicating how this sign had been affixed to the wall of the abutting building, but not enough to indicate what caused it to fall. Plaintiff, as a police officer, was under a duty...

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