Brannon v. . Sprinkle

The determinative question in this case, which is raised by the exception to the denial of the motion for a judgment as of non-suit, is whether there was sufficient evidence of actionable negligence, as alleged in the complaint, to be submitted to the jury.

The plaintiff alleges, inter alia, “That upon the property described, . . . the defendants did, on 30 May, 1931, and for a great while previous thereto, maintain and allow to remain in an unprotected, exposed, and unfenced condition a brick well which was some fifty feet, *400more or less, deep; was of square dimensions, the opening of which…