89 A.D. 33
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1903
Appellate Division of the Supreme Court of the State of New York · decided 1903-12-15
Appeal by the defendants, Henry C. F. Koch and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of July, 1903, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 26th day of June, 1903, denying the said defendants’ motion for a new trial made upon the minutes.
Decided 1903-12-15
¶1I concur upon the ground that the plaintiff’s intestate, being in a public street and injured by an object falling from the premises in. possession of the defendant while under the exclusive control of an employee of the defendant, justifies the application of the maxim res ipsa loquitur, and there was, therefore, presented a question as to defendant’s negligence for the jury.
¶2Judgment and order affirmed, with costs.