Alperin v. Earle
New York Supreme Court
Appeal from circuit court, New York county. Action by Rosa Alperin against Bernard Earle for damages sustained on account of a defective roof of defendant’s house. On trial by jury, exceptions were taken by defendant to the charge of the court; and from a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBarrett, J.
The defendant is the owner of a tenement-house in this city. The plaintiff is the wife of one of his tenants. She was injured while engaged in hanging clothes upon a line stretched across the roof of the house for drying purposes. At the time of the accident she was standing upon some wooden slats which had been placed over the tin roof for the accommodation of the tenants. One of these slats broke under her weight, and her foot went through, and was injured. There was no yard to the house, and this slatting was a substitute provided by the landlord for the common use of the tenants in drying…
2Cases cited1 opinion
- Jaffe v. . HarteauNew York Court of Appeals · 1874
3Cited by22 opinions
- LaPlante v. LaZearIndiana Court of Appeals · 1903
- Rauth v. DavenportNew York Supreme Court · 1891
- Capen v. HallSupreme Court of Rhode Island · 1899
- Charlow v. BlankenshipWest Virginia Supreme Court · 1917
- Hanselman v. BroadAppellate Division of the Supreme Court of the State of New York · 1906
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