Vogel v. Union Dime Savings Bank

Appellate Division of the Supreme Court of New York

Vogel v. Union Dime Savings Bank

221 A.D. 881

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1927·Published·Cited by 2 cases

Opinion

The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. We are of opinion that upon the facts here the doctrine of res ipsa loquitur applies, and that the plaintiff’s evidence called for some explanation by the defendant as to the cause of the collapse of the glass panel in the door. Young, Kapper, Lazansky and Hagarty, JJ., concur.

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The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. We are of opinion that upon the facts here the doctrine of res ipsa loquitur applies, and that the plaintiff’s evidence called for some explanation by the defendant as to the cause of the collapse of the glass panel in the door. Young, Kapper, Lazansky and Hagarty, JJ., concur.

Vogel v. Union Dime Savings Bank, 221 A.D. 881 (N.Y. Ct. App. 1927).

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Opinion

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