Knight v. . Foster

Tbis is an action for damages sustained by coming in contact witb a gate opening upon* tbe sidewalk in front of certain premises in Wilmington owned by tbe defendant, wbicb gate tbe plaintiff alleges bad been left open and so long neglected, without any fastenings, tbat it bad become permanently fixed in tbe sand on tbe sidewalk and settled at tbe *330angle at wbicb it stood 29 August, 1911, when the plaintiff,, rightfully .using said sidewalk, in which the gate had become imbedded, and in ignorance of the danger, ran into said gate on a dark and rainy night, there being no light on the street,…