New York Court of Appeals

Martin P. Plumb, Respondent v. Richmond Light and Railroad Company, Appellant, Impleaded With Another

April 18, 1922233 N.Y. 285

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the trial court correctly applied the doctrine of res ipsa loquitur to the trolley‑car collision and that the plaintiff must prove negligence by a preponderance of the evidence. The dissent argued the instruction was erroneous and urged reversal.