Plaintiff was passing under defendant's elevated railway structure when a small particle of steel coming therefrom dropped into his eye. In his suit for damages plaintiff relied on the application of the doctrine of res ipsa loquitur to make out a prima facie case for him. Held, the rule of res ipsa loquitur cannot apply to help plaintiff on such facts. Riles v. Murray, (N. Y. Cty. Ct. 1939) 12 N. Y. S. (2d) 648.

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