Bollinger v. Gotham Garage Co.

SWAN, Circuit Judge.

This action arose out of an accident which befell Margaret Bollinger in the defendant’s garage. She sued to recover damages for personal injuries sustained by falling into an unguarded elevator shaft on the ground floor of the garage at 102 West 46th Street, New York City. . Her husband, Charles W. Bollinger, sued for loss of consortium and for medical expenses incurred on account of her injuries. Federal jurisdiction rests on diverse citizenship. The jury’s verdict awarded Mrs. Bollinger $15,000 and Mr. Bollinger some $3,800. From the resulting judgments the defendant has…