Gallin v. Poulou

Plaintiff is a tenant in an apartment house owned by defendant. Defendant employed a contractor to construct some garages in the basement of the apartment building. Thereafter, some plaster fell from the ceiling in plaintiff’s apartment, injuring her. This action was brought on the theory that the construction work caused the building to vibrate, causing the plaster to fall, and that such constituted a trespass for which the landlord is responsible. The trial court granted defendant’s motion for a nonsuit. From the judgment based thereon, plaintiff appeals.

In May of 1953 plaintiff, then 68,…