2310 Madison Avenue, Inc. v. Allied Bedding Manufacturing Co.

Twice within a month water leaked from an upper floor, leased to one tenant, upon merchandise on the first floor belonging to another tenant with whom the landlord had covenanted in writing to keep the roof and down-spouting of the building in good order and repair. A jury found the owner of the two story building liable for the damage caused to the merchandise on each occasion and exonerated a former tenant of the second floor, brought into the case by the landlord on the theory that it had clogged drains and so brought about the conditions that caused the leaks. The landlord appealed both…