EVIDENCE-RES IPSA LOQUITUR-EVIDENCE OF SPECIFIC NEGLIGENCE AS AFFECTING RELIANCE UPON GENERAL NEGLIGENCE

Plaintiff sued in New York to recover for injuries sustained in a crash of an airplane owned and operated by the defendant. Plaintiff\u27s pleading and proof relied upon general negligence and res ipsa loquitur, but after evidence of specific negligence was elicited upon cross examination of defendant\u27s witness, plaintiff also used such specific negligence in argument to the jury. The defendant excepted to the jury instruction which gave the plaintiff the benefit of the res ipsa loquitur doctrine. Verdict was for the plaintiff. On appeal, held, the plaintiff was entitled to the benefit of the res ipsa loquitur doctrine, but reversed on other grounds. Lobel v. American Airlines, Inc., (2d Cir. 1951) 192 F. (2d) 217