Dempsey v. Mayor of New York
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a verdict of a jury directed by the court, and from an order denying a motion for a new trial. The action was brought to recover damages for injuries received by the plaintiff by falling on the sidewalk of Spring Street, in the City of New York, on Friday, January 17th, 1879. The sidewalk was at the time covered with snow and ice.
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Appeal from a judgment of this court entered upon a verdict of a jury directed by the court, and from an order denying a motion for a new trial. The action was brought to recover damages for injuries received by the plaintiff by falling on the sidewalk of Spring Street, in the City of New York, on Friday, January 17th, 1879. The sidewalk was at the time covered with snow and ice. On the Sunday preceding there had been a snow fall, and another on Wednesday, ending on Thursday afternoon. At the trial the court submitted to the jury specific questions, which were answered, and a general verdict…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—The submission of specific questions to the jury on the trial was eminently proper. In actions of this class it tends to avoid verdicts resulting from sympathy or compromise, by directing the attention of jurors to precise questions of fact, leaving the application of legal principles with the court.
Where the special findings and general verdict are inconsistent, the former must control, and judgment be rendered accordingly (Code Civ. Pro. § 1188).
The learned counsel for the appellant claims the action of the court erroneous in setting aside the general…
2Cases cited2 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Birdsall v. . RussellNew York Court of Appeals · 1864
3Cited by4 opinions
- Kennard v. Housing Associates, Inc.New York Supreme Court · 1961
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Paret v. New York El. R.The Superior Court of the City of New York and Buffalo · 1892
- Paret v. New York Elevated RailroadThe Superior Court of New York City · 1892