Haysman v. Fitzpatrick

Judgment and order reversed and new trial granted, costs to abide the event. The trial judge instructed the jury that ■ the doctrine of res ipsa loquitur did not apply. Without expressing any opinion as to the soundness of this ruling, inasmuch as for the purposes of review upon appeal this must be taken to he the law of this case, there is no evidence of defendant’s negligence sufficient to justify submission to the jury. Jenks, P. J.., Hirsehberg, Burr, Rich and Stapleton, JJ., concurred.