Bonner v. Barnes

Felton, Chief Judge.

It does not seem to us that the maintenance of an air-conditioning unit which extends approximately two1 feet from the side of a building, even at head level, constitutes negligence on the part of the defendant. The presence of such equipment on the side of the building can easily be anticipated and thus distinguishes this case from the “public thoroughfare” cases relied on by the plaintiff. “Where a petition does not show the risk of unreasonable danger and does not show that the defendant could reasonably have foreseen danger to an invitee on his property, the trial…