Durant v. Palmer

The opinion of the court was delivered-by

Haines, J.

Palmer, thé plaintiff below, brought his action against. Durant, the defendant, below, for a nuisance, in causing to be made and continuéd, without sufficient cover or railing, an open area, adjacent to the building of *545the defendant, into which the plaintiff, in the night time, fell and was injured.

In one count of the declaration it is averred that the defendant was the owner of the building and premises, with the appurtenances, and wrongfully made and caused to be made the hole or area in question. And in another count, that while such…