Fidelity & Casualty Co. of New York v. DeShone

On October 27, 1960, at approximately 8 a.m., plaintiff Eugene Wend reported for work at the IGA store of St. Charles. The store, which is owned and operated by Delmus DeShone, the father and employer of defendant Robert DeShone, runs east and west along Clinton Street. Between the Clinton Street side of the building and Clinton Street there is a space of approximately 21 feet. Five feet of this space is sidewalk, running beside the building, and 16 feet is parking space which is part of the public road right-of-way. The 16 feet of parking space was used and maintained by the store owner for…