Artz v. Hurley

The jury found for the plaintiff in this action of tort to recover for property damage caused by the escape of water from second floor premises occupied by and in the control of the defendant onto first floor store premises of the plaintiff. There is here presented the defendant’s exception to the denial of his motion for a directed verdict.

The escaping water was discovered a little after 7 a.m, February 16, 1950. It was traced to the near-ceiling water tank over a seat in one of two toilet rooms on the defendant’s premises. These premises were used for roller skating, dancing, and basket…