Miners v. Ausfresser

This is a motion for a new trial and to vacate an order dismissing the complaint at the close of plaintiff’s case. The plaintiff lived in Brooklyn, and in the afternoon of December 9, 1914, on her way to visit her parents, while passing along Norfolk street, fell into a coal-hole in front of No. 79 Norfolk street. She says she stepped on something, felt herself falling, then landed on her right elbow, with her right limb in the coal-hole up to her knee. At the same time the coal-hole cover flew off and to a distance of about two feet. By the election of counsel, and within the pleadings, the…