Walsh v. Frey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plain tiff, Kate Walsh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 11th d'ay of May,. 1905, upon the dismissal of the complaint by direction of the court, after a trial at the Albany Trial Term. The action is for personal injuries. The plaintiff was a tenant in a two-story and basement house owned by the defendant, and occupied the principal or first story and basement.
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Appeal by the plain tiff, Kate Walsh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 11th d'ay of May,. 1905, upon the dismissal of the complaint by direction of the court, after a trial at the Albany Trial Term. The action is for personal injuries. The plaintiff was a tenant in a two-story and basement house owned by the defendant, and occupied the principal or first story and basement. The second' story was occupied by another tenant. There, were back piazzas or balconies on the house, the floor of each of…
1Opinion of the Court
Chester, J.:
It seems to be established by the authorities that where a landlord has reserved to himself for the common use of the tenants of a building any balconies, stairways or.steps he is bound to use ordinary care in keeping them in a reasonably safe and suitable condition for the common purpose for which they were reserved. (Peil v. Reinhart, 127 N. Y. 381; Dollard v. Roberts, 130 id. 269; Clarke v. Welsh, 93 App. Div. 393.) But here while the defendant' *529had reserved the rear balcony and the steps leading therefrom to the yard for the common use of both of his tenants as a thoroughfare…
2Cases cited2 opinions
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Clarke v. WelshAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Wynn v. T.R.I.P. Redevelopment AssociatesAppellate Division of the Supreme Court of the State of New York · 2002
- Bock v. Hamilton Square Baptist ChurchCalifornia Supreme Court · 1933
- Ellis v. McNeeseCalifornia Court of Appeal · 1930
- Weintraub v. John B. Sexton & Co.Appellate Court of Illinois · 1945