Henry G. Volkmar, Appellant v. the Manhattan Railway Company, Respondent

Summary

The New York Court of Appeals reversed the lower court's directed verdict for the Manhattan Railway Company, holding that the broken bolt and falling iron plate created a presumption of negligence that must be submitted to the jury, that the defendant's track‑walker testimony was insufficient to overcome that presumption, that the witness's credibility is a jury issue, and that the plaintiff was not required to produce the broken bolt at trial.