Phelan

Appellant was occupant of the first floor and basement of a two-story brick building in Billings, Montana,, which it had held under lease since 1931. On February 22, 1936 appellee slipped on the sidewalk in front of these premises and fell, fracturing her hip. She had judgment in a suit against appellant to recover damages for the injury sustained.

The evidence tended to show that the fall was attributable to an accumulation of ice and snow in a crack or depression in the walk caused by the crumbling of the cement. 1 Throughout the period of its occupation appellant had customarily kept the sidewalk free from snow and ice, at least during the daytime, delegating this work to one of its salesmen. Accumulations of snow were usually removed shortly before 8 o’clock in the morning, and if it became necessary because of conditions arising during the day the employee would go out and clean off the walk. On the morning of the day of the accident the employee had shov *87 eled off accumulated snow as usual. No snow fell thereafter, but in the afternoon there was some thawing, and there was evidence that a film of water had collected over the ice in the depression. The accident occurred…