RUSH V. COMMERCIAL REALTY CO.
Sup. Ct of N.J., 7 N.J.Misc. 337, 145 A. 476 (1929).
NATURE OF THE CASE: Commercial Realty (D) appealed an order, which refused to grant D's
motion for a nonsuit and refused to direct a verdict for D in Rush's (P) action for
negligence.
FACTS: Rush (P) was a tenant of Commercial Realty Co. (D). P went to use the outhouse
that D provided for its tenants and fell through a trap door in the floor and descended
about nine feet into the accumulation at the bottom and had to be extricated by the sue of a
ladder. P sued D. P testified that the floor was in bad condition. D moved for a nonsuit and
a directed verdict on the grounds that P had assumed the risk. D appealed the denial of its
motions for a nonsuit and a directed verdict.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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