Fandel v. Parish of St. John the Evangelist

Frank T. Gallagher, Justice.

Appeal from an order denying plaintiff’s motion for a new trial.

At about 8:30 in the evening of September 8, 1946, while plaintiff was walking north on Kent street in St. Paul at a place about 75 feet north of the northeast corner of Kent street and Portland avenue, she fell into an open coalhole about two feet in diameter located in the middle of a sidewalk abutting defendant’s church property. It was a dark, rainy night. As a result of the fall, plaintiff sustained the injuries complained of. The coalhole was constructed as an entrance for a coal chute adjacent…