Cox v. Scarazzo

Opinion by

Mr. Justice Patterson,

This is an action in trespass by Samuel D. Cox, appellee, against Alfonso Scarazzo, appellant, to recover damages sustained by appellee when he fell into an open delivery well. A jury returned a verdict of $8500. This appeal is from the refusal of the court below to grant appellant’s motion for judgment non obstante veredicto and granting a new trial.

On March 31,1943, about 3:40 P. M., Samuel D. Cox, appellee, had entered a rear door of Sparano’s restaurant in New Castle, Pennsylvania. The main entrance to said restaurant is on Liberty Street. He purchased…