Show THSOUGH A COAL HOLE 55000 Damages Asked of the Empire laundry laun-dry for Personal Injuries An action was tried yesterday in Judge Zanes court for damages claimed to have arisen by reason of a fall through a coalhole coal-hole on an alley way immediately in tho I rear of the Empire laundry on Commercial street The suit is brought by George H Hoefner and the damages asked ara 55000 It appears tbat late in the evening of October 27 1891 Mr Hoef ner in company with Mr James was going along tho passage way which opens into Commercial just at the rear or oe east end of the laundry block and the coalhole coal-hole at that point being open inadvertently fell into the cellar injuring himself seriously seri-ously He was cared for by his friend I James and moved to the hospital and after a prolonged siege Is again out but somewhat some-what disfigured The laundry company lessees of the block set up the defence that the open passageway pas-sageway is a private one and the coal hole or opening into the cellar was constructed for tho sole use of tho occupants of the building and any person using the way dido s did-o at their own risk Tho legal questions of carelessness what constitutes a sufficient use to warrant tho presumption of dedication of a public way and the liability of a tenant will be considered consid-ered A jury is hearing the cause and the case will continued this morning |