Negligence — Obstruction on sidewalks — Nuisance — Causation — Intervening act of third party.
1. Obstructions placed on the footwalks of the streets of a municipality are a nuisance, and the party responsible therefor is liable to one injured by his illegal act.
2. A pedestrian is required to exercise only reasonable care in walking on the sidewalk.
3. The act of a third person, intervening and contributing to a condition necessary to the injurious effect of the original negligence, does not excuse the wrongdoer if such act should have been foreseen.
4. In an action for injuries sustained by the wife plaintiff when she fell over one of several milk bottle boxes unloaded by defendant's driver on a street sidewalk, the evidence was held sufficient to establish liability of defendant, where it appeared that the boxes had been permitted to remain on the sidewalk for a considerable length of time, and that at the time of the accident the sidewalk was so dark that the boxes were not plainly visible.
Appeals — Review — Evidence — Motion for judgment n.o.v.
5. In considering a motion for judgment n.o.v., the plaintiff is entitled to the benefit of every favorable fact and inference fairly deducible from the testimony.
Argued October 22, 1935.
PER CURIAM, November 13, 1935:
The judgments are affirmed on the opinion of Judge ALESSANDRONI.