BAROFF v. BECKER

No. 61-C-6.

197 F.Supp. 9 (1961)

Frieda BAROFF, Arthur Baroff and Philip Baroff, Plaintiffs, v. Barry BECKER, Defendant.

United States District Court E. D. New York.

June 30, 1961.


Attorney(s) appearing for the Case

Dorsey & Burke, New York City, for plaintiffs. William P. Larsen, New York City, of counsel.

John P. Smith, New York City, for defendant. Alan W. Craig, New York City, of counsel.


BARTELS, District Judge.

In this diversity action for damages sustained as a result of defendant's car having skidded into the rear of plaintiffs' car while stationary, plaintiffs move for partial summary judgment, pursuant to Rule 56, Fed.Rules Civ.Proc., 28 U.S.C.A., adjudicating the negligence of defendant.

It is true that the mere happening of an accident is not proof of negligence. It is also true that the doctrine of res ipsa loquitur is applied...

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