Segal v. Ehrman

Defendant moves for judgment upon the pleadings, contending that the plaintiff has failed to allege a cause of action sufficient in law. It appears from the complaint that the defendant is the lessee of certain premises in the city of New York and that under the terms of the lease he covenanted and agreed to keep the siclewalk free from any incumbrance thereon during its term. It appears further from the complaint herein that the plaintiff, while walking at and in front of the premises in question, of which the defendant is the lessee, the sidewalk being out of repair, stepped in a rut or…