Halloway v. Goldenberg

Plaintiff appeals from a judgment in favor of defendant, entered in the Cape May County Court, upon a dismissal granted on defendant's motion at the close of plaintiff's case.

The complaint alleged that the plaintiff while a pedestrian in front of defendant's premises in December, 1944, was injured when he stepped into a hole in the sidewalk. It further alleged that this hole existed prior to defendant's acquisition of title and was negligently repaired by the defendant through her agent, one Jack Goldenberg, the defendant thereby maintaining a nuisance. The evidence showed that this hole in…