Philips v. Wendel Foundation

Action by plaintiff Beatrice Philips to recover damages for injuries sustained as the result of slipping on the edge of a stone step which was chipped or which crumbled when she placed the ball of her foot thereon, and by her husband for loss of services and for expenses. Judgment in favor of plaintiffs reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the verdict of the jury is against the weight of the evidence. Lazansky, P. J., Carswell and Johnston, JJ., concur; Hagarty and Adel, JJ., dissent and vote to reverse the judgment on the law and to…