Clarke v. Phelps

The plaintiff was injured through the collapse of a grating in a sidewalk which broke under her weight as she was about to enter a store in the building known as No. 302 Willis avenue, borough of The Bronx, owned by defendant Hiram L. Phelps. The defendant The Great Atlantic & Pacific Tea Co., Inc., had a lease of the store and a portion of the cellar underneath it with the appurtenances. It occupied the premises so demised to it, the rest of the building being in the possession of other tenants. The grating in question was over an areaway, about ten feet long by three feet wide. It was shown…