Kopveiler v. Northern Pacific Railway Company

Rogosheske, Justice.

Plaintiff appeals from an order denying his motion for a new trial as to both defendants.

He brought the action to recover damages for personal injuries he sustained on November 23, 1964, at about lip. m., when, after mailing letters in a mailbox on defendant railroad’s premises, he stepped from the depot platform and fell upon the tarred surface of a public street maintained by defendant village. Plaintiff was 74 years old at the time. He alleged that the cause of his fall was a sizable hole located in the public street or way in an area customarily used for parking…