FARRELL v. AMERICAN CYANAMID CO.

No. 384, Docket 26867.

292 F.2d 30 (1961)

John FARRELL, Plaintiff-Appellant, v. AMERICAN CYANAMID CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 30, 1961.


Attorney(s) appearing for the Case

James P. Costello, New York City, for plaintiff-appellant.

George J. Conway, New York City, for defendant-appellee.

Before CLARK and SMITH, Circuit Judges, and DAWSON, District Judge.


PER CURIAM.

Plaintiff, an employee of a maintenance and repair company, was engaged in caulking a metal duct on the outside wall of defendant's building when the boatswain's chair which held him aloft fell five stories and he received the injuries for which he has brought suit. He was unable to show why the accident occurred or to produce any evidence that defendant was negligent. Without relying specifically upon the doctrine of res ipsa loquitur, he asserts...

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