Williams v. James McGinness Co.

Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the charge to the jury to the effect that the fact that the box fell, if plaintiff’s own act did not contribute to its fall, justified a verdict for the plaintiff. We think this was not a case for the rule of res ipsa loquitur, since by itself the falling box did not speak of or identify defendant as the wrongdoer. Jenks, P. J., Mills, Rich and Putnam, JJ., concurred.