Kahn v. Burette

Summary

The court held that the plaintiff presented sufficient evidence to avoid dismissal of a negligence action arising from water damage allegedly originating in premises under the defendant's exclusive control. Applying res ipsa loquitur, the court concluded that the defendant was required to offer an explanation and reversed the judgment, ordering a new trial.

Holdings

1. Evidence that the injury was caused by water emanating from premises under defendant's exclusive management and control was sufficient to raise a presumption of negligence under res ipsa loquitur.
2. The complaint could not properly be dismissed at the close of plaintiff's case because the evidence and resulting presumption supplied facts sufficient to require submission of defendant's negligence to the jury.

Questions Presented

1. Whether the evidence that water causing damage came from premises under defendant's exclusive possession and control was sufficient to invoke res ipsa loquitur.
2. Whether the lower court erred by dismissing the complaint at the close of plaintiff's case rather than submitting the negligence issue to the jury.

Disposition

reversed_and_remanded