Bud Dress Shop v. Newark Glass Co.
Bud Dress Shop v. Newark Glass Co.
Opinion of the Court
The action in this case was to recover damages for the breaking of a glass display sign. The Newark Glass Company was engaged to install the glass in the plaintiff’s window at No. 89 Halsey street, Newark, and in doing so the glass was
Assuming that the rule of res ipsa loquitur applied, this did not raise a conclusive presumption of negligence. It still remained for the jury to decide whether negligence should be inferred. Hughes v. Atlantic City and S. Railway Co., 85 N. J. L. 212; 89 Atl. Rep. 769. It was there said, in dealing with the doctrine of res ipsa loquitur, that “the inference [negligence] is still one for the jury and not for the court. They may believe the witnesses; the circumstances may be such that the jury would attribute the injury to some cause with which the defendant has nothing to do; they may find the inference of negligence too weak to persuade their minds.”
In the present case there was additionally the defendant’s proofs from which the jury could attribute the breakage to an undue weakness in the glass itself.
The judgment is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.