PECKHAM v. SPRING VALLEY WATER WORKS & SUPPLY CO.


4 A.D.2d 685 (1957)

William H. Peckham, Respondent, v. Spring Valley Water Works and Supply Company, Appellant

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

June 10, 1957


The meter, owned by appellant, was installed by it in respondent's premises more than a year and a half before the accident. There was no proof as to the cause of the break in the meter. Over appellant's objection, the case was submitted to the jury under a charge that permitted them to apply the res ipsa loquitur doctrine and find appellant negligent if they found that the meter was in its exclusive control. Judgment reversed on the law and the facts, with costs,...

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