Palmer v. . Dearing
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 18, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff from falling down a stair-way in a flat or apartment house, a portion of the second story of which was rented of defendant by plaintiff’s husband. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 18, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff from falling down a stair-way in a flat or apartment house, a portion of the second story of which was rented of defendant by plaintiff’s husband. The material facts are stated in the opinion. The plaintiff should have been nonsuited, because upon the facts as stated by herself (assuming that defendant was chargeable with the…
1Opinion of the Court
Ruger, Ch. J.
This is an action by the wife of a tenant against the landlord to recover for injuries arising from a fall occasioned through the alleged negligence of the defendant in failing to repair the broken covering of a stair-way upon the demised premises. It is argued that upon the whole evidence the court should hold not only that the plaintiff was guilty of contributing negligence, but that the defendant owed no duty to the plaintiff to repair the defect which occasioned the injury. The plaintiff’s husband, with his family, occupied under a parol lease from the defendant a portion of…
2Cases cited1 opinion
- Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
3Cited by47 opinions
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Cesario v. ChiapparineAppellate Division of the Supreme Court of the State of New York · 1964
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