Hartzheim v. Smith

Plaintiff was three years old. Defendant was a school teacher who occupied the front two rooms of the home in which plaintiff lived. The house faced west on a public street. Along the south and east side of the house was a concrete sidewalk leading from the front walk to the rear door. Along the north side of the premises was a private driveway consisting of two graveled tracks running from a garage thirty-eight feet to the north rear of the house, and thence one hundred feet six inches to the main sidewalk in front of the house. The garage was a two-car structure, and was not set exactly in…