MANLEY v. NEW YORK TEL. CO.


277 A.D. 601 (1951)

Freeman Manley, Appellant, v. New York Telephone Company, Respondent

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

January 10, 1951.


Attorney(s) appearing for the Case

F. Walter Bliss, John S. Hall, Robert H. Ecker and Harold R. Soden for appellant.

Patrick J. Tierney and I. W. Young for respondent.

FOSTER, P. J., HEFFERNAN and COON, JJ., concur.


BERGAN, J.

The doctrine of res ipsa loquitur has come down to us clothed in a loose nomenclature. It is sometimes regarded as casting a "burden of explanation" or an "obligation" of disproving negligence upon the party against whom it is invoked.

It is, however, a rule of evidence. The reasons which won acceptance for it are not to be confused with its function in the case. The rule is accepted...

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