Germansen v. Egan

Dissenting Opinion by

Stadteeld, J.:

The primary question for consideration, in my opinion, is whether or not the duty of keeping in repair the skylight of the particular room in which plaintiff worked, rested upon defendant. The duty of keeping in repair a roof or skylight on a roof rests upon the party who exercises dominion and control over the premises involved: DuBois Recreation Co. v. Boyle, 95 Pa. Superior Ct. 219, 221. The obligation' to repair follows dominion and control. Where dominion and control over a portion of the premises demised is re tained, the duty to repair remains, and…