Philadelphia Court of Nisi Prius February 23, 1848 (Myers v. Snyder)

The following charge to the jury was delivered by

Bell, J.

— This is an action on the case, to recover damages for injuries suffered by the plaintiff, from the negligence of the defendant or his servants, in suffering a certain cellar to remain open during the night time, without a guard or fence of any kind, whereby the plaintiff, whilst engaged in his lawful business, fell therein and was