Hardie v. Charles P. Boland Co.

147 A.D. 926 Court N.Y. App. Div. English

Contents

Majority

p. 926

Margaret Hardie and George Sims, as Administrators, etc., of William Hardie, Deceased, Respondents, v. Charles P. Boland Company, App

p. 927

ellant.

Judgment and order affirmed, with costs. All concurred, except Smith, P. J., dissenting on ground that while the fall of the chimney was some evidence of faulty construction it was no evidence of apparent faulty construction, and, therefore, the charge upon the subject of res ipsa loquitur was erroneous.