Sanders v. Smith
New York Supreme Court
Upon May 1, 1888, the plaintiff rented of the defendant certain premises in the city of Ithaca. The lease was oral, covering no particular time. At the time of the leasing the premises contained a defective cooler, which suffered the water accumulating from the ice placed therein, to run down upon the floor and from the floor down the side planks of the cellar stairway.
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Upon May 1, 1888, the plaintiff rented of the defendant certain premises in the city of Ithaca. The lease was oral, covering no particular time. At the time of the leasing the premises contained a defective cooler, which suffered the water accumulating from the ice placed therein, to run down upon the floor and from the floor down the side planks of the cellar stairway. It must be assumed upon this argument that before the plaintiff went into possession of the premises, the defendant promised to repair the said cooler and to make all necessary repairs to the premises. Thereafter, and until…
1Opinion of the CourtSmith, J.
The complaint does not allege a cause of action as for a nuisance, nor does it allege any cause of action upon the promise to pay all damage caused by the falling of the stairway. Such a promise made after the lease, would not, I think, support an action for want of consideration. The single question in this case is whether a landlord, who has covenanted to repair, is liable to a tenant for personal injuries resulting from the want of repair.
In Tuttle v. G. H. Gilbert Mfg. Co., 13 N. E. Rep. 465, the Supreme Judicial Court of Massachusetts held that “ where plaintiff hired a barn of…
2Cases cited6 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Flynn v. HattonNew York Court of Common Pleas · 1872
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3Cited by8 opinions
- Cronin v. BrownlieAppellate Court of Illinois · 1952
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
- Miller v. RinaldoAppellate Terms of the Supreme Court of New York · 1897
- Ross v. HanerTexas Commission of Appeals · 1924
- Ritgers v. City of GillespieAppellate Court of Illinois · 1953
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