Seidlin v. City of New York

While seated in a Lexington Avenue subway train on Wednesday, April 19, 1950, at 10:30 a.m., the plaintiff was struck in the face by a piece of wood about a foot long and two to three inches in diameter as the train moved along the 86th Street platform. A man seated beside her testified he saw an object pass him and strike her. Neither knew just what it was and where it came from. It was not produced at any time. No report of the occurrence was made to anyone. The first knowledge the defendant had was the notice of claim. Upon these ancontradicted facts, a jury (10 to 2) awarded the plaintiff…