Pace v. Brooklyn & Queens Transit Corp.

In an action to recover damages for personal injuries sustained by plaintiff Nicoletta Pace as the result of a fall from an automobile as it struck a hole adjacent to railroad tracks of the appellant, and by plaintiff Leonardo Pace for loss of services, judgment for plaintiffs unanimously affirmed, with costs. It is *830established that the place of the happening of the accident was to the west of the temporary detour as actually constructed. Pursuant to agreement, the appellant permitted insertion of a flange or guard rail at or about the place of the accident and, according to it, the…