In what circumstances can a jury withhold from the jury a finding that there is an incline on the sidewalk?
Ontario, Canada
The following excerpt is from Kingston (City) v. Drennan, 1896 CanLII 35 (ON CA):
In Mason v. Peterborough, (unreported; but see 20 A.R. 683); the sidewalk was on the side of a hill, and it was contended that there was discovered upon taking the levels a slight incline, one end of the sidewalk being a trifle higher than the other, but this was not apparent to the eye without taking the levels, yet it was held that the case could not be withheld from the jury.
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