Eichelbaum v. Stulbach

Per Cijriam.

The action is for personal injuries received by the plaintiff while passing over the sidewalk in front of defendant’s premises. The judge, sitting without a jury, gave judgment to the plaintiff. Defendant appeals and presents four points *232which may be adequately comprehended in the refusal of the trial court to nonsuit and to direct a verdict in favor of the defendant.

Plaintiff, while passing along the sidewalk in front of the premises owned by the defendant, was thrown by the sudden opening, from beneath, of one of the double iron cellar doors that, when closed, had been flush…