Williams v. Fenster

The opinion of the court was delivered by

Katzenbach, J.

This is an appeal from a judgment of the Eirst District Court of the city of Newark rendered in favor of the plaintiff below (hereinafter referred to as the plaintiff or tenant). The action was one by a tenant against her landlord. It was instituted to recover damages for personal injuries received by the plaintiff. It was not, however, a tort action but was a contract action based upon the alleged failure of the landlord to make repairs to the floor of a toilet which collapsed when the plaintiff was using the toilet. By the collapse the…