Philadelphia v. Merchant & Evans Co.

Opinion by

Mr. Justice Kephart,

The City of Philadelphia brought suit to recover from a landowner the amount of a judgment it was required to pay because of an injury occasioned by a defect in the pavement along the owner’s property. Liability was predicated solely on ownership and control of the premises.

The property, of which the premises in question were a part, was conveyed to defendant, subject to a lease which provided as follows: “Lessor doth hereby demise and let unto lessee, all that certain brick building...... designated on plan hereto attached by the letter £B’ together with the use…