Kelly v. Lembeck & Betz Eagle Brewing Co.

The opinion of the court was delivered by

Parker, J.

The plaintiff sued for damages alleged to have been sustained by reason of a fracture of the patella resulting from the alleged imperfection of a cellar door in the sidewalk, covering steps leading to the cellar of premises owned by the defendant company. There was a verdict for the plaintiff of $5,000, and, on a rule to show cause argued in the Circuit Court, the plaintiff submitted to a reduction of the amount of the verdict to $3,750. The defendant’s exceptions were duly reserved and are brought before us on this appeal.

The plaintiff’s…