Mitchal v. Armstrong

This is a suit by a domestic servant of a tenant against a landlord for damages for physical injuries alleged to have been sustained by falling plaster. Defendant in his answer denied liability on the ground that his tenant had assumed responsibility for such injuries as the plaintiff is alleged to have sustained.

There was judgment below in favor of the defendant and the plaintiff has appealed.

It appears that the defendant, Harry S. Armstrong, is the owner of the premises No. 401 Fairway Drive and that, at the time of the accident, his tenant was Mr. A.M. Dupre, Jr. There was a written lease…