Emmey v. Stanley Co. of America

Opinion by Cunningham, J.,

Plaintiff’s statement of claim in trespass alleged she fell by reason of the existence of a defect, in the nature of a depression or hole, in the sidewalk in the rear of premises occupied as a theatre by defendant as the lessee thereof. Defendant neither filed an affidavit of defense, nor offered any oral evidence.

The case was tried before Lewis, J., without a jury, and resulted in these findings:

“1. The defendant was negligent and thereby caused injuries to the plaintiff. 2. The plaintiff was not eontributorily negligent. 3. The plaintiff sustained damages in the…