Neely v. Brewer

This is an appeal from a judgment for defendant, entered n. o. v. after disagreement of the jury. Plaintiff and her husband live in a house owned by her on Patterson Avenue in Cumberland. Between her house and the house of her neighbor, a Mr. Ruehl, is a 59 inch passageway, of which 30 inches is owned by her, the rest by the neighbor. Her part is paved with a cement walk, the rest is unpaved.

Defendant is a contractor, who in June 1947 covered the upper part of the Ruehl house with shingles. The whole work, on the four sides of the house was begun on June 3rd and “practically finished” on June…