Benjamin Shulman v. Dinty Moore's, Inc., Benjamin Shulman v. A. W. Perry, Inc.

ALDRICH, Circuit Judge.

On these appeals from summary judgments in favor of defendants, counsel have raised a number of interesting questions. We find it unnecessary to reach most of them, however, for even on assumptions favorable to the plaintiff we are of the view that the judgments must be sustained. The fundamental question is whether plaintiff appellant, a pedestrain injured when he tripped over a step protruding into the sidewalk of an alley, is entitled to recover either against defendant appellee abutting landowner, or against the other defendant appellee, a lessee of part of the…