Polston v. S. S. Kresge Co.

Defendant was the lessee of the ground floor of a 2-story store building and of a 10-foot strip across the front thereof covered by a sidewalk which extended in width beyond the strip onto the public right-of-way to a curb. There was nothing about the appearance of the sidewalk to indicate that the strip was not part of the public sidewalk and the defendant permitted the public to use it as such.

Plaintiff placed a ladder against the front of the building with its base resting on the 10-foot strip and climbed up to wash a second-story window, for which job plaintiff’s employer had a contract…