Hillyer v. City of East Cleveland

In the present case not only were the driveways leading into Shell’s premises constructed by Shell but the sidewalk between such driveways was relaid by it.

There can be no question that the driveways were constructed primarily for the benefit of Shell and its customers, although portions of the driveways were a part of the sidewalk over which pedestrians walked.

Ordinarily, where an abutting owner has constructed a sidewalk along his premises and a municipality has accepted it, the responsibility for keeping the sidewalk open, in repair and free from nuisance is not the responsibility of the…