Jacobs v. Stone

VAN OSDOL, Commissioner.

This is an action to recover $15,000 damages for personal injuries sustained by plaintiff in falling into a hole on premises occupied by plaintiff as defendants’ tenant. It is inferred that at some former time there was a well near the rented building which had been filled to the level of the surrounding area; and that plaintiff, in walking through the area, stepped on and broke through the crust of the surface immediately over the site of the refilled well, and was injured. At the conclusion of the evidence, the trial court sustained defendants’ motion for a directed…