City of Butler v. Western Union Telegraph Co.

Opinion by

Linn, J.,

The question is whether the city can recover the amount of a judgment paid by the city in the suit of one injured by falling on an icy sidewalk in front of the building, from the tenant of part of a building, which wa's also occupied and controlled by the owner. The affidavit of defense denied liability on the ground that the icy condition resulted from “a defective rain-spout on the outside of said building, over which defendant had no control and was not bound to repair, the same being located on a part of the premises not leased by and not under the control of defendant.”