Phillips v. 630 McKinley Square Corp.

Recovery here is claimed to be justified by the fact that the sidewalk had been painted and was slippery when wet by rain. The paint had been applied long before the accident and was thoroughly dry and somewhat worn. No proof was adduced to establish that the paint was in anywise defective or contained improper materials or had been improperly applied. To hold abutting owners and the city liable in such state of facts would be to impose an intolerable burden.

If this judgment is affirmed, the mere painting of the curb of sidewalks, to mark the stoppage places of buses could, on wet days, give…