Morrison v. McAvoy

Citations

• 7 Cal. Unrep. 37
• 70 P. 626
• 1902 Cal. LEXIS 895

Syllabus

<p>Sidewalks—Openings—Liability of Tenant.—A city ordinance provided that no person should obstruct any sidewalk so as to interfere with its convenient use, and that every one should keep around every flight of stairs descending from the sidewalk to the basement a fence or railing at least two feet high. Held, that where the owner of a building had made an opening in the sidewalk, with stairs running to the cellar, the opening being provided with iron doors that constituted part of the sidewalk when closed, a use by the tenant of the opening and doors so as to violate the ordinance rendered only the tenant liable, and not the landlord.</p> <p>Sidewalks.—An Opening in a Sidewalk With Stairs leading to the cellar, the doors forming part of the sidewalk when closed, and the sides of the doors affording a protection when open, was not a violation of the ordinance.</p>