Toth v. Kennedy & Smith, Inc.

The action is to recover damages for the wrongful death of plaintiff’s intestate, a pedestrian, who fell into a sewer trench dug by the defendant Kennedy & Smith, Inc., a contractor, along the center of the sidewalk on the south side of Astoria avenue between Forty-sixth and Forty-seventh streets, Queens county. Plaintiff sued the contractor and the city, and the latter’s answer contains a cross-complaint against the contractor. The jury rendered a ten to two sealed verdict for the plaintiff against the city for $8,000, and against the contractor for $8,000, and judgment was entered in…