Burns v. Boudwin

WOLCOTT, Chief Justice:

This is an appeal from the entry of a summary judgment in favor of the defendant.

The facts agreed upon by the parties are as follows:

On January 30, 1969 the plaintiff slipped and fell on a natural accumulation of ice and snow on the sidewalk abutting the premises known as 915 Wilson Street, Wilmington, owned by the defendant. At the time of the incident there was in existence an ordinance of the City of Wilmington providing as follows:

“Sec. 45-116. Duty of abutting owners, occupants, etc., to make pathway — Generally.

“In case any snow shall fall or ice shall be formed…