Wensley v. City of New York
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, The City of New York and another, from two judgments of the Supreme Court in favor of the respective plaintiffs, entered in the office of the clerk of the county of Kings on the 31st day of December, 1915, upon the verdicts of juries in the first case for $500 and in the second case for $3,000, and also from two orders entered in said clerk’s office on the 28th and 27th days of December, 1915, respectively, denying defendants’ motions for…
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Separate appeals by the defendants, The City of New York and another, from two judgments of the Supreme Court in favor of the respective plaintiffs, entered in the office of the clerk of the county of Kings on the 31st day of December, 1915, upon the verdicts of juries in the first case for $500 and in the second case for $3,000, and also from two orders entered in said clerk’s office on the 28th and 27th days of December, 1915, respectively, denying defendants’ motions for a new trial in each case.
1Opinion of the Court
Carr, J. :
These two actions were tried as one, and come before this court on the appeals on one record. The plaintiff, Mrs. Wensley, while walking along a public street in the borough of Brooklyn in the night time, lost her footing as she stepped upon the edge of a large depression in the surface of the roadbed of the street, and fell into the hole or depression and sustained severe personal injuries. She recovered a verdict of $3,000 damages against both defendants. Her husband, John Wensley, who brought an independent action, recovered a verdict of *250$500. From the separate judgments entered…
2Cases cited3 opinions
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Kantrowitz v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- Kuhn v. Village of East SyracuseAppellate Division of the Supreme Court of the State of New York · 1924
- Parrish v. New York Railways Corp.City of New York Municipal Court · 1931