Baxter v. Borough of Homestead

Opinion by

Cunningham, J.,

These three appeals may be disposed of in one opinion. The case raises the question whether, under the circumstances here present, the owner of a property is liable over to a municipality for a sidewalk defect, or whether that liability is to be imposed solely upon the lessee of the ground floor of the premises. Mrs. Winner, the additional defendant, is the owner of 213 Eighth Avenue, in the Borough of Homestead. In 1923 she leased to F. W. Woolworth Company the first floor and basement of the building. The lease provided that the frontage was “subject to the present…