Morford v. Woodworth

Woodworth, the appellee, brought an action on the case against Morford, the appellant, for a nuisance. The declaration states that, on, &c., at, &c., the defendant was the possessor and occupier of a messuage and appurtenances in the town of Attica, adjoining a public street, in which there was a hole or pit leading to the defendant’s cellar, which the defendant wrongfully left open and uncovered, into which the plaintiff fell while passing in the night, by which his leg was broken, with the usual averments of expense for medical treatment, pain, sickness, inability to labor, &c. The…