John v. Reick-Mcjunkin Dairy Co.

Opinion by

Mr. Justice Fbazee,

Plaintiff sued to recover for personal injuries sustained by falling into an unguarded excavation made by defendant across a private way over its property at its place of business. A verdict was returned for plaintiff and motions for judgment for defendant non obstante veredicto and for a new trial were overruled and judgment entered on the verdict. Defendant appealed.

Plaintiff, a resident of the City of New Castle, was employed at defendant’s milk depot and ice cream manufactory, in that city. Its property fronts on Beaver Street and extends to Diamond Alley in…