Hyperlawhypertext legal database Hardie v. Charles P. Boland Co. 131 N.Y.S. 1119

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Hardie v. Charles P. Boland Co.

131 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1911-11-15 English

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Majority

p. 1119
HARDIE et al., Respondents, v. CHARLES P. BOLAND CO., Appellant.
(Supreme Court, Appellate Division, Third Department.
November 15, 1911.)

Headnote

Action by Margaret Hardie and George Sims, as administrators, etc., against the Charles P. Boland Company.

Judgment and order affirmed, with costs.

SMITH, P. J., dissents, 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 ipso loquitur was erroneous.