Order reversed, without costs; motion to set aside verdict denied; and verdict reinstated.
The female plaintiff, while walking along a public sidewalk, was struck by a portion of a wooden fence which fell upon her. The case was submitted to the jury under a charge to which the plaintiffs took no exception; nor did they request a specific charge on the theory of res ipsa loquitur. Hence, the charge became the law of the case (Buckin v. Long Is. R. R. Co....
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