Weigand v. American Stores, Tr.

Opinion by

Me. Justice Paekee,

On the trial .of this action in trespass against a municipality, a landlord and a tenant, it became necessary to determine who was primarily responsible for the condition of a sidewalk on South 48th Street, Philadelphia, at a point where the plaintiff claims to have suffered injuries. The locus was where a private driveway crossed the. sidewalk. All are. agreed, and properly so, that a complete answer to the phase of the controversy involved in this appeal will be had when it is determined whether the tenant, the American Stores Company, had the exclusive use of…