GODFREY v. COUNTY OF NASSAU


24 A.D.2d 569 (1965)

Vernell Godfrey, Appellant, v. County of Nassau, Respondent

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

July 6, 1965


Judgment affirmed, without costs.

Plaintiff was injured when a manhole cover, maintained by defendant on a public street, tilted as he stepped upon it. The principal question presented is whether plaintiff established a prima facie case under the doctrine of res ipsa loquitur. It is our opinion that plaintiff may properly invoke that doctrine on this appeal, although specific acts of negligence were alleged in the complaint, since there was no attempt to prove...

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