Young v. National Bank

The opinion of the court was delivered by

Perskie, J.

The issue in this cause concerns the tort liability of an owner for an alleged faulty grating in the sidewalk abutting its premises.

Plaintiff sued defendant to recover damages for injuries which he sustained as a result of falling into a hole while walking over an iron grating. Said grating, flush with and part of the sidewalk, covered an airway opening about five feet in depth and three feet in width leading to the cellar of the premises.

The gravamen of the complaint (paragraph 4) is that “said defendant carelessly and negligently permitted…