Legal Opinion

Melia v. Southern Boulevard Railroad

City of New York Municipal Court

Decided March 16, 1936Published

1Opinion of the CourtSchackno, J.

While plaintiff was riding in her automobile along the Southern boulevard the overhead trolley wire of the defendant broke; pieces thereof fell and struck the hood and top of the plaintiff’s automobile, burning a hole through the top thereof. Plaintiff was thrown back in her automobile and received injuries.

At the close of the entire case the court reserved decision upon the defendant’s motion to dismiss the complaint; it also reserved *294decision on its motion to set aside the verdict of the jury in favor of the' plaintiff.

The falling of the trolley wire raised a presumption of negligence on…

2Cases cited18 opinions

  1. Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
  2. Griffen v. . ManiceNew York Court of Appeals · 1901
  3. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  4. Lomer v. . MeekerNew York Court of Appeals · 1862
  5. Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875

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