Hamilton v. Brown

I respectfully dissent from the factual determinations and legal conclusions reached by the majority.

The record of this case discloses that the defendant landlord, Anderson H. Brown, owned one large piece of property in Dunbar, comprising several acres. On this property there was located two rental houses, a tavern and a confectionary known as the “Shack” or “Stand” which sold food, soft drinks, and operated pinball and other coin devices for the amusement of children in the neighborhood. The property was intersected by a stream which separated the rental houses from the commercial…