New York Court of Appeals December 20, 1907 (Kramer v. . Brooklyn Heights R.R. Co.)

Chase, J.

The plaintiff while riding in Flatbush avenue in the borough of Brooklyn, city of Hew York, on the running board of one of the defendant’s open cars, ivas hit by a plank or beam temporarily projecting at right angles from a fence which had been erected along the tracks on which the car was proceeding.