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.