McCarthy v. Fagin

The plaintiff tenant recovered in the trial court a judgment for six hundred and fifty-one dollars against the defendant landlord, for damages caused to him by the falling of a wall, which was part of the premises let. No question is made on this appeal as to the extent of the recovery, but the landlord, appealing, contends that, on the facts conceded by the record, any recovery was unwarranted, as a proposition of law, regardless of other errors intervening in the trial of the cause. As this contention, if well founded, disposes of the entire controversy, we shall proceed to examine it in…