Hardie v. Charles P. Boland Co.

131 N.Y.S. 1119 | N.Y. App. Div. | 1911

Judgment and order affirmed, with costs. All concurred, except Smith, P. J., dissenting 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 ipsa loquitur was erroneous.