Schilling v. Schoenle

VANCE, Justice.

The question is whether a city, by enacting an ordinance which requires abutting landowners to maintain sidewalks and keep them in repair, can create liability in the abutting landowner to respond in damages to a pedestrian who is injured because of the failure of the landowner to keep the sidewalk in good repair.

On January 17, 1985, the appellee and cross-appellant, Carolyn Schoenle, was injured as a result of a fall upon a sidewalk which abutted a store building owned by the appellant and cross-appellee, The Aldan Company, in which the appellant and cross-appellee Schilling…