Zwickl v. Broadway Theatre Co.

The opinion of the court was delivered 'by

Trenchard, J.

This is an appeal from a j udgment entered upon a nonsuit in favor of the defendant, Broadway Theatre Company, in an action brought by Alex. Zwiekl to recover compensation for injuries received by him, on February 12th. 1926, at two i>. 3i., from a fall upon the sidewalk in front of the defendant’s property, caused by slipping upon ice which formed there.

The theory of the plaintiff’s case was that the presence of the ice upon the sidewalk was due to the wrongful act or neglect of the defendant, and that, consequently, it was responsible…