Kammerer v. Gallagher

Upon the uncontroverted facts of this case the appellee ought not to recover. The appellant owns two two-story frame houses, old, in a neighborhood which is in a transition state from low class residence to business, separated by a passage from the front sidewalk toward the rear of the premises, several feet lower than the front of the houses and sidewalk. Fences ran along the inner edge of the sidewalk inclosing small plots in front of the houses. The passage was about three and one-half feet wide. Each story of each house was occupied by a different tenant, holding by the month. The duty to…