New York Court of Appeals

Louis Tortora, Respondent v. the State of New York, Appellant

November 19, 1935269 N.Y. 167

Summary

The Court of Appeals affirmed the judgment absolute against the State, holding that res ipsa loquitur applies to the stove explosion and that the inference of negligence is sufficient to sustain the judgment. The court reasoned that the evidence showed the explosion was most likely caused by water in the stove, and alternative causes were not sufficiently proven.