BARCA v. DAITCH CRYSTAL DAIRIES


45 Misc.2d 30 (1965)

Margaret Barca et al., Appellants, v. Daitch Crystal Dairies, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

January 27, 1965


Attorney(s) appearing for the Case

Robert V. Cimmino, Martin Coleman and Louis G. Carlo for appellants. Bernard Helfenstein and Robert Schneider for respondent.

PETTE and GROAT, JJ., concur.


FRANK A. GULOTTA, J.

This appeal essentially involves a consideration of the res ipsa loquitur doctrine and its possible applicability to a situation where a customer is injured in a self-service supermarket.

The customer (plaintiff wife) was injured in defendant's store when she fell on some loose sugar in one of the aisles. There were two or three broken sugar bags on the floor, an oval pattern...

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