New York Court of Appeals
The Trustees of the Village of Canandaigua, Respondent v. William L. Foster, Appellant
June 7, 1898156 N.Y. 354
Summary
The Court affirmed the judgment, holding that a landowner who constructs a grate in a public sidewalk has an implied duty to inspect and keep the grate in reasonable repair for the safety of the public, even when part of the building above the grate is leased to a tenant. The duty runs with the land and is not discharged by a partial lease.