Halpern v. Barbara Holding Corporation

The plaintiff, a woman about 73 years old, while walking along the cement sidewalk in front of the defendants' premises on Avon Avenue in Newark, tripped on a broken place or stepped into a hole in the walk and fell, receiving injuries on account of which she brought this suit. At the conclusion of the plaintiff's case, the trial judge ordered that her action be dismissed because of her own negligence and her assumption of the risk. From the judgment which was thereupon entered, she appeals.

The defendants' premises were used as a garage and automobile service station. In the course of the…