FISCHER v. JOHNSON & SONS


20 Misc.2d 891 (1955)

Edmund Fischer, Plaintiff, v. John A. Johnson & Sons, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

June 6, 1955.


Attorney(s) appearing for the Case

William C. Morris for John A. Johnson & Sons, Inc., defendant.

John Francis Spellman for plaintiff.


JAMES T. HALLINAN, J.

Motion by defendant John A. Johnson & Sons, Inc., to strike out of plaintiff's bill of particulars the express reservation of his right to rely upon the doctrine of res ipsa loquitur and to compel him to elect at this time between that doctrine and the affirmative acts of negligence set forth in the bill. The motion is denied. (De Roire v. Lehigh Val. R. R. Co., 205 App. Div. 549; Whylie v. Craig Hall, Inc.<...

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