Knight v. . Foster

WALKER, J., concurs; BROWN, J., concurs in the concurring opinion. This is an action for damages sustained by coming in contact with a gate opening upon the sidewalk in front of certain premises in Wilmington owned by the defendant, which gate the plaintiff alleges had been left open and so long neglected, without any fastenings, that it had become permanently fixed in the sand on the sidewalk and settled at the angle at which it stood 29 August, 1911, when the plaintiff, rightfully using said sidewalk, in which the gate had (330) become imbedded, and in ignorance of the danger, ran into said…