Legal Opinion
Sturza v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Decided January 7, 1909Published
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Isaac Sturza against the Interborough Rapid Transit Company. From a judgment for plaintiff, defendant appealed.
1Opinion of the CourtGiegerich, J.
The complaint, after alleging the maintenance and control by the defendant of an elevated railroad along Allen street, borough of Manhattan, continues as follows:
“(2) That in maintaining the said elevated structure and tracks defendant used certain iron bolts or screws about 10 inches in length. That -by de*975fendant’s negligence a certain iron bolt or screw about 10 inches in length, used in the said elevated structure on said Allen street, at the intersection of Rivington street, was not properly nor securely fastened to prevent it from falling by its own weight in the course of the ordinary…
Also in this document: Concurrence.
2Cases cited2 opinions
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Maher v. Manhattan Railway Co.New York Supreme Court · 1889