Folsom v. Parker
New York Supreme Court
Motion for a non-suit at the close of the case reserved until after verdict. .Verdict for the plaintiff. Action for damages-for personal injury caused by the alleged neglect of the defendant to make repairs as landlord. The plaintiff is an infant. His parents hired of the defendant apartments in the defendant’s tenement house.
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Motion for a non-suit at the close of the case reserved until after verdict. .Verdict for the plaintiff. Action for damages-for personal injury caused by the alleged neglect of the defendant to make repairs as landlord. The plaintiff is an infant. His parents hired of the defendant apartments in the defendant’s tenement house. The testimony was that the defendant at the time of the letting agreed to do any necessary repairs; that the mother-of the plaintiff subsequently called the attention of the defendant’s agents of the building to a loose panel under the mantel in one of the rooms; that a…
1Opinion of the Court
Gavbtob, J.:
An action for damages for personal injuries by a tenant against his landlord cannot arise out of a breach of the landlord’s agreement to repair (Chaplin on Landlord and Tenant, § 477; Schick v. Fleischhauer, 26 App. Div. 210). The case seems to be the same as if a mechanic had agreed with the tenant to do the repairs and failed. He would not be liable for damages for personal injuries caused by his breach of agreement. This action is not for a nuisance, nor does the testimony make out a ease of nuisance. It seems to me that the decision in Van Tassel v. Reid (36 App. Div. 529) is…
2Cases cited4 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Van Tassel v. ReadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
- Ross v. HanerTexas Commission of Appeals · 1924
- Dood v. RothschildAppellate Terms of the Supreme Court of New York · 1900