Volkmar v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday in April, 1891, which affirmed a judgment in favor of defendant entered upon a verdict directed hy the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury.
On the 24th of June, 1885, the plaintiff was driving along Sixth avenue, in the city of Hew York, in a wagon, going uptown under the defendant’s elevated railroad structure. When near Thirty-ninth street an iron plate or clip with a part of a broken bolt fell from the structure, striking him upon the shoulder, causing the injury for which this action was brought.
It appears that the bolt was about fourteen inches long; that it passed through the guard rail of the defendant’s road, the stringer upon which it rested and an iron…
2Cases cited2 opinions
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- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
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