Cooke v. Davis

Landis, P. J.,

Conceding, as we must, the facts as set forth in the plaintiff’s .statement to be true, I cannot see why this case, on its face, should not be decided in favor of the plaintiff.

It is asserted that, in the month of August, 1924, the plaintiff was the tenant of the west half of the first floor and a portion of the cellar of a building known as Nos. 240-242 West King Street, Lancaster City; that at the same time the defendant was the tenant of an apartment located on the second floor of the said premises; that on Aug. 16, 1924, the defendant negligently allowed a gas heater in his…