Legal Opinion

Temperance Hall Ass'n v. Giles

Supreme Court of New Jersey

Decided February 15, 1869PublishedCited by 5 opinions

On error to Mercer Circuit. This action was brought by Mrs. Giles to recover of the defendants, the Temperance Hall Association of Trenton, damages for an injury received by falling into an area or passage way leading to a cellar under the Temperance Hall, in the city of Trenton. The facts, as proved on the trial, were substantially these: In the spring of 1867, a course of medical lectures was being delivered in the large hall belonging to the Temperance Hall Association.

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On error to Mercer Circuit. This action was brought by Mrs. Giles to recover of the defendants, the Temperance Hall Association of Trenton, damages for an injury received by falling into an area or passage way leading to a cellar under the Temperance Hall, in the city of Trenton. The facts, as proved on the trial, were substantially these: In the spring of 1867, a course of medical lectures was being delivered in the large hall belonging to the Temperance Hall Association. These lectures had been attended by the plaintiff, in company with many others — the audiences being very large. On the…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The plaintiff having proved the situation of the premises, and the location of the area with reference to the sidewalk, and the circumstances under which she received the injury, rested her case. No motion was made for a non-suit. The defendants, as part of their case, proposed to prove (1) that over ten thousand persons had passed and repassed the area, every year since the hall was built, without accident; and (2) that such areas are common in the city of Trenton, and that it is the custom, in said city, to protect them as the area in…

2Cases cited3 opinions

  1. House v. MetcalfSupreme Court of Connecticut · 1858
  2. Calkins v. City of HartfordSupreme Court of Connecticut · 1865
  3. Hubbard v. And.Supreme Judicial Court of Maine · 1855

3Cited by5 opinions

  1. Cassanova v. Paramount-Richards Theatres, Inc.Supreme Court of Louisiana · 1943
  2. Vander Groef v. Great Atlantic & Pacific Tea Co.New Jersey Superior Court Appellate Division · 1954
  3. Ross v. TetradisNew Jersey Superior Court Appellate Division · 1950
  4. Dilione v. Vogel's Department StoreNew Jersey Superior Court Appellate Division · 1949
  5. Rogove v. Stavola Construction Co.New Jersey Superior Court Appellate Division · 2000

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