Pirozzi v. Acme Holding Company of Paterson

The opinion of the court was delivered by

Oliphant, J.

This is an appeal from a judgment of dismissal entered in the Bergen County Court, under Rule 3:41-2, on a motion at the close of the plaintiff-appellant’s ease. The appeal is before this court on our own motion for certification.

The action was to recover for personal injuries sustained when the plaintiff tripped over a wood and metal cover which enclosed and covered a brick-lined pit housing a water meter on defendant’s property and owned by the Passaic Valley Water Commission, which is not a party to the suit. The complaint as amended…