Gawron v. Levine

The plaintiffs, Margaret E. Gawron and her husband, sued the defendants jointly for damages for personal injuries received by the wife-plaintiff in a fall allegedly caused by a negligent condition in the curbing of a sidewalk. The abutting property, which was improved with a building, was owned by the defendant city but at the time of the accident was, and for some time prior thereto had been in the exclusive possession of the individual defendant as tenant. The jury returned a verdict in favor of both defendants. Upon motion of the plaintiffs, the court en banc, acting by the late Judge EGAN who had also been the trial judge, awarded a new trial. From that order, each of the defendants has appealed. The sole legal question presently involved is whether the court below erred in granting a new trial.