Ferguson v. Mikulsky

Pee Ctjeiam.

Plaintiff below slipped on an icy pavement in front of defendant’s garage and received injuries, brought suit against the owner, and recovered a judgment in the Second District Court of Hudson county. The defendant appeals and alleges that there was error in the refusal to nonsuit, refusal to direct a verdict in favor of the defendant, refusal to charge certain requests and in the charge itself.

*600We think either the nonsuit or direction of a verdict for the defendant should have been granted. The plaintiff's testimony established that the defendant's son on January 26th, 1929, made…