Opinion
Argued March 2, 1939
Decided April 4, 1939
Appeal from the Supreme Court, Appellate Division, Second Department.
Frederick S. Martin, Raymond D. Thurber and George D. Yeomans for appellant.
William D. Cunningham and Louis L. Kawalick for respondent.
Judgment affirmed, with costs. We are of the opinion that the question of the application of res ipsa loquitur is not presented in this case under the charge as given. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.