Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The facts as presented on the trial disclose no situation in which the doctrine of res ipsa loquitur could apply (George Foltis, Inc., v. City of New York, 287 N.Y. 108); nor was the doctrine introduced or suggested by counsel. The charge of the trial court that this doctrine applied in this case is patent error, and, under...
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