Fenton v. Ackerman

The jury found for defendant in this action brought to recover damages for injuries suffered when a guardrail gave way and precipitated plaintiff into what plaintiff alleged to be an areaway maintained in a sidewalk for the convenience of defendant’s abutting property.

At the time of plaintiff’s unfortunate experience, defendant was the owner and in possession of a building occupying the northwest comer of the intersection of Phillips Avenue and Seventh Street in Sioux Falls, South Dakota. An opening about four feet wide exetends along the full length of the building on Seventh Street, between…