JUNGJOHANN v. HOTEL BUFFALO


5 A.D.2d 496 (1958)

Paul P. Jungjohann, Appellant, v. Hotel Buffalo, Respondent

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

April 30, 1958.


Attorney(s) appearing for the Case

John M. Wilson for appellant.

Robert C. Winchell for respondent.

All concur. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN and HALPERN, JJ.


KIMBALL, J.

The plaintiff appealed from a judgment which dismissed his complaint in an action for personal injuries, upon a motion for nonsuit made at the close of the plaintiff's case. We think that the granting of the nonsuit and dismissal of the complaint was error and that the plaintiff had made out a prima facie case of negligence under the doctrine of res ipsa loquitur.

The plaintiff's proof...

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