Hamilton v. Standard Kid Manufacturing Co.

Pennewill, C. J.,

delivering the opinion of the court:

The question raised by the pleadings is briefly this:

*205Is the abutting owner of a property liable to a third person for injuries resulting from falling into an open areaway or hole located in the sidewalk, and made and maintained for the use and benefit of such property, where the said areaway or hole was within the building line established by the city authorities, and had been, and was at the time of the injury, left open and unguarded; and where the city had statutory power to compel the repaving and repairing of footways or pavements…