Donovan

Action to recover damages for a personal injury alleged to have been suffered by plaintiff through the negligence of the defendant—a private corporation. The cause coming on to be tried by a jury, at the conclusion of plaintiff’s evidence in chief, the defendant moved for judgment of nonsuit, which was granted; and plaintiff appeals .from the judgment and from an order denying him a new trial.

That the evidence was sufficient to prove that defendant fell into an open hole in Grove street in Oakland township, in the night-time, and thereby suffered the injury complained of (fracture of the pelvis or hip bone), and that Grove street is a public street, there is no question. Nor is there any question that defendant caused the hole to be dug, and that it was unguarded by any light or otherwise, to warn travelers of the danger of falling into it, during the night of the accident. It appears, however, that the hole into which plaintiff fell was one of five hundred postholes dug by Spence and Bryant under a contract with defendant, in which holes defendant intended to set poles for the support of electric wires for its electric railroad, along and upon Grove and other streets, for which…