Davis v. Town of Bonaparte

Defendant Oresap is tbe owner of a building in tbe town of Bonaparte, and during tbe time material to our inquiry defendant McDavitt was bis tenant occupying and managing tbe property. Eastward from tbe *198building some ten or twelve feet from Water street, and extending into what plaintiff claims is a street, is a cellar-way eight feet and four inches 'from the building. This cellarway was covered by a double door, but on the evening in question one of these doors had been left open by defendant McDavitt. On the night of December 1, 1905, plaintiff, while passing along one of the streets of…