Kelly v. Horn

Opinion by

Dithrich, J.:

This is an action in trespass. Plaintiff was injured September 28, 1948, when one of two cellar doors forming part of the public sidewalk abutting on premises owned by defendant Beatrice Horn, a resident of New York, and leased April 23, 1946, to defendant Jack Weinstein, 1 collapsed under him. A jury returned a verdict for plaintiff against both defendants in the amount of $800, but the court below entered judgment n.o.v. for the defendant-owner, holding that “There was no reliable evidence . . . that the cellar doors were defective at the time of the leasing of the…