Taylor v. Stimson

The issue presented is whether a tenant has made a prima facie case against his landlord in an action for personal injuries and property damage, occasioned by the breaking of a large store-front, plate glass window. The trial court granted a motion to dismiss at the conclusion of the plaintiff’s evidence, and entered an order of dismissal. The plaintiff appeals. We shall hereafter refer to the parties as the tenant and the landlord.

The tenant paid two hundred dollars to the agent of the landlord on November 26, 1955, as rent for the month of December, 1955. This was for additional store…