Fochtman v. Gilman

In an action to recover damages for personal injuries, the appeal is from a judgment entered on a jury’s verdict in favor of respondent. Respondent was injured when she tripped on an iron gate on property owned in part by appellant. The gate had in some way become detached from its fastenings and was lying partially across a public sidewalk abutting the property. No evidence was presented as to who was actually in possession and control of the property at the time of the accident, and appellant contends that it was incumbent upon respondent affirmatively to prove that the owner had not in…