ATLAS SUPPLY CO., INC. v. COLGATE CONTRACTING, INC.


8 A.D.2d 793 (1959)

Atlas Supply Company, Inc., Respondent, v. Colgate Contracting, Inc., Appellant

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

June 18, 1959


Determination of the Appellate Term and the judgment of the Municipal Court unanimously reversed on the law and on the facts and complaint dismissed, with costs and disbursements to defendant-appellant in this court and $30 costs and disbursements in the Appellate Term.

Plaintiff has failed to establish any negligence on the part of the defendant. The claim that the doctrine of res ipsa loquitur is applicable is clearly without merit. This fire, of unexplained...

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