Judgment, in favor of plaintiff after nonjury trial, unanimously reversed on the law and on the facts and a new trial ordered, with costs to appellants to abide the event.
Plaintiff to sustain her recovery relies upon the rule of res ipsa loquitur. When that rule is applied, however, the burden of showing that the injury is due to the negligence of the defendant rests on the plaintiff (George Foltis, Inc. v. City of New York, 287 N.Y. 108, 118). In other...
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