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Blake v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1951
279 App. Div. 751 (N.Y. App. Div. 1951)

Opinion

December 10, 1951.


Action to recover damages for personal injuries sustained by a passenger in a trolley car as the result of the penetration into the trolley car of a metal pipe. Judgment reversed on the law, with costs to appellant, and complaint dismissed on the law, with costs. The proof was insufficient to enable the plaintiff to invoke the doctrine of res ipsa loquitur. There was no showing that the pipe which caused the injury was within the exclusive control and possession of the defendant. On the contrary it appears as a fair inference of plaintiff's testimony, and in fact apparently is conceded, that the pipe was not part of the trolley car equipment. ( Paolantonio v. Long Is. R.R. Co., 274 App. Div. 106 3, affd. 300 N.Y. 640; Manley v. New York Tel. Co., 303 N.Y. 18, 25.) The plaintiff failed to make out a prima facie case of actionable negligence by direct proof. ( Alexander v. Rochester City Brighton R.R. Co., 128 N.Y. 13; De Martino v. Brooklyn Queens Transit Corp., 258 App. Div. 1072, affd. 285 N.Y. 593.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.


Summaries of

Blake v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1951
279 App. Div. 751 (N.Y. App. Div. 1951)
Case details for

Blake v. City of New York

Case Details

Full title:JAMES BLAKE, Respondent, v. CITY OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 10, 1951

Citations

279 App. Div. 751 (N.Y. App. Div. 1951)

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