New York Court of Appeals

Anna Slater, Respondent v. Alfred v. Barnes, Appellant

November 24, 1925241 N.Y. 284

Summary

The New York Court of Appeals reversed the lower court's judgment and remanded for a new trial because the trial judge improperly applied the doctrine of res ipsa loquitur, shifting the burden of proof to the landlord despite the landlord lacking exclusive control of the ceiling. The Court held that the exclusive control requirement was not satisfied, so the plaintiff must bear the burden of proving negligence.