Havikin v. Thomas & Buckley Hod Elevator Co.

SCOTT, P. J. In our opinion the plaintiff made out a prima facie case, which cast upon the defendant the necessity of explaining the circumstances, and showing that neither it nor its servants had been negligent. Guldseth v. Carlin, 19 App. Div. 588, 46 N. Y. Supp. 357. The judgment must be reversed, and a new trial ordered, with costs to the appellant to abide the event.