Equitable Life Assur. Soc. of the United States v. McClellan

Opinion op the Court by

Chief Justice Rees

Reversing.

On July 21,1938, T. C. McClellan slipped and fell on the public sidewalk adjacent to a lot located on South Forty-Third street in Louisville, Kentucky, owned by the Equitable Life Assurance Society of the United States. On the lot was a dwelling occupied by tenants who had leased the premises in March, 1938. The lot is three or four feet above the level of the sidewalk. A turf-covered strip separates the sidewalk from the curb adjacent to the paved portion of Forty-Third street, and a concrete walkway extends from the curb across this…