Sill v. Lewis

Opinion by

Mr. Justice Moore.

The parties will be referred to as they appeared in the trial court where defendant in error was plaintiff and plaintiff in error was defendant.

The cause is before this court on writ of error to review a judgment entered on the verdict of a jury awarding damages to the plaintiff resulting from a fall upon an icy sidewalk adjacent to premises of the defendant.

Plaintiff presented the case to the trial court, as well as here, upon the theory that the icy condition of the sidewalk was caused by the defendant who negligently maintained his premises so as to create a…