Derby v. Degnon-McLean Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal in- each of the above-entitled actions by the defendant,' the Degnon-McLean Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff in each action, entered in the office of the clerk of the county of Kings on the 23d day of March, 1905, upon the verdict of a jury in the first action for the sum of $250, and in the second action for $1,000, and also from an order in each action entered in said clerk’s office on the 24th day of March, 1905,…
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Appeal in- each of the above-entitled actions by the defendant,' the Degnon-McLean Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff in each action, entered in the office of the clerk of the county of Kings on the 23d day of March, 1905, upon the verdict of a jury in the first action for the sum of $250, and in the second action for $1,000, and also from an order in each action entered in said clerk’s office on the 24th day of March, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
These two actions, one by the wife for personal injuries and the other by the husband for the loss of his wife’s services, medical treatment, etc., were tried together, and the questions on appeal, necessary to be determined, are the same. We will consider the record in the case of the wife.
The plaintiff was injured on the night of the 20th of ¡November, T902, by stubbing her toe upon the planking which defendant had placed over a hole cut in the asphalt pavement for the lawful purpose of carrying on a detail of the work of constructing the subway, for which the defendant had the…
2Cases cited3 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Fordham v. . Gouverneur VillageNew York Court of Appeals · 1899
3Cited by4 opinions
- McDonald v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Cleveland Railway Co. v. RanftOhio Court of Appeals · 1920
- Hoykendorf v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Hart v. Northern Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1929