Donovan v. Oakland & Berkely Rapid Transit Co.

Vanclief, C.

Action to recover damages for a personal injury alleged to have been suffered by plaintiff through the negligence of the defendant—a private corporation. The cause coming on to be tried by a jury, at the conclusion of plaintiff’s evidence in chief, the defendant moved for judgment of nonsuit, which was granted; and plaintiff appeals .from the judgment and from an order denying him a new trial.

That the evidence was sufficient to prove that defendant fell into an open hole in Grove street in Oakland township, in the night-time, and thereby suffered the injury complained of (fracture…