Volke v. Otway

The opinion of the court was delivered by

Hetfield, J.

The appellants, husband and wife, instituted suit in the Hudson County Circuit Court, to recover damages from the owner and tenant of premises situated at No. 915 Bergenline avenue, Union City, by reason of personal injuries sustained by the wife, who, it is alleged, on the 24th day of December, 1927, caught her foot in a depression in the sidewalk adjacent to said premises, causing her to trip and fall.

The trial resulted in a nonsuit as to both defendants, which is alleged as error, and the sole ground of appeal.

The original complaint…