Eschbach v. Hughes
New York Court of Common Pleas
Appeal from third district court. Action by George F. Eschbach against Brian G. Hughes for damages for ill health alleged to have been contracted because of defendant’s breach of covenant to keep the premises demised to plaintiff in good repair. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
Plaintiff, a lawyer, sued to recover damages alleged to have accrued to him by ill health from pneumonia contracted in consequence of the damp condition of rooms rented to him for office purposes by the defendant, the dampness having been caused by the leaky condition of the roof of the premises. The mayor, etc., of the city of New York defended the action because, as lessors of the defendant, the corporation was liable over to him upon a covenant to keep the premises in repair. There is no dispute as to the amount of the damages awarded, nor as to the defendant’s duty towards plaintiff to…
2Cited by4 opinions
- Sargent v. MasonSupreme Court of Minnesota · 1907
- Dancy v. WalzAppellate Division of the Supreme Court of the State of New York · 1906
- O'Gorman v. TeetsAppellate Terms of the Supreme Court of New York · 1897
- S. W. Rode & Son v. ArneyAppellate Court of Illinois · 1904