Warner v. Davis

This is an appeal from a judgment for $500 in an action in tort returned by a jury in the Hoboken District Court.

Dr. David Warner, a dentist, on the afternoon of July 17th, 1931, tripped over an iron bar designed to support iron doors leading to a cellar in the building occupied by the defendant. He testified: “Both doors were open, and one end of the bar was placed in the eye of the door, when the bar is in position, the correct position to keep the door open; the other end was extending on the other side of the sidewalk.”

Immediately after the occurence, plaintiff entered the defendant’s…