Swinson v. Cutter Realty Co.

The issues and the charge of the court show that the case was tried upon the theory of negligence. In our opinion this exclusive view of the evidence does not satisfactorily present the merits of the controversy. The question of the defendant’s liability grows out of a situation alleged to import menace and substantial injury to pedestrians on the sidewalk by their coming in contact with the hydrant projecting from a wall of the defendant’s building. This projecting pipe, it is said, is an obstruction in the street.

McQuillin observes that an illegal obstruction which interferes with the free…