Kenney v. City of Utica

This is a companion case, and was tried with Waldron v. City of Utica (228 App. Div. 37), decided herewith. Plaintiff was struck by the same tree which hit Mr. Waldron. The jury returned a verdict for the plaintiff of $4,000, and the trial judge set it aside and granted a new trial, unless the plaintiff stipulated to reduce her award to $2,000. This she refused to do.

*43Plaintiff was a girl twelve years of age. She was in the hospital three weeks, and was then taken home where she remained one week before she returned to school. She had a compound fracture of the left metacarpal bone, and her…