Murphy v. Fair Oaks Sanatorium

The opinion of the Court was delivered by

Wells, J.

The plaintiff brought her suit in the Union County Circuit Court to recover damages from the defendant as owner of premises, known as No. 33 Prospect Street, Summit, New Jersey, for personal injuries sustained by her as a result of falling on the sidewalk adjacent to said premises, caused by her catching her foot in the edge of a hole in the sidewalk. The trial resulted in a nonsuit, which is alleged as error and the sole ground of appeal.

The first count of the complaint alleges that the defendant negligently permitted the sidewalk to get out…