Carey v. Gray

The opinion of the court was delivered by

Katzenbach, J.

The appeal in this case is from a judgment of nonsuit directed by the trial court to be entered upon the conclusion of the opening of the plaintiff’s case. The defendants, Joshua B. Gray and Emma I. Gray, were the owners of a house, in the town of Phillipsburg, which they *218leased to the defendant, John W. Flynn. Flynn employed the plaintiff, Howard Carey, to disinfect the house. Carey went to the house, which was unoccupied, at night to do this work. While thus engaged he desired to use a toilet. He found the toilet in the house out of…