Eagle v. Swayze
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Third District Court. The action was brought to recover damages sustained by the plaintiff by reason of the defendant’s negligence in the management of her property. The answer alleged that the defendant was a married woman, and set up a general denial.
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Appeal by the defendant from a judgment of the Third District Court. The action was brought to recover damages sustained by the plaintiff by reason of the defendant’s negligence in the management of her property. The answer alleged that the defendant was a married woman, and set up a general denial. It appeared on the trial that the plaintiff had occupied the basement of Ho. 148 Varick street, for years, as the tenant of the defendant; that defendant had admitted to him that she was the owner of the premises, and that her husband had nothing to do with it, that the chimney was out of repair,…
1Opinion of the Court
By the Court.—Daly, F. J.
A tenant from year to year, renting part of a dwelling house, the residue of which is occupied by other tenants, is under no obligation to make repairs of so general, substantial, and lasting a nature, as the rebuilding of a chimney which has fallen down (Johnsons. Dixon, 1 Daly, 178; Horsefall v. Mather, Holt’s N. P. C. 7; Godfrey v. Watson, 3 Atk. 517, 518; Taylor’s Landlord ds Tenant, § 343, 5th ed). In the absence of an express agreement on the part of the tenant to do so, it is the duty of the landlord to repair an injury to the building of this description, and…
2Cases cited1 opinion
- Johnson v. DixonNew York Court of Common Pleas · 1861
3Cited by8 opinions
- Payne v. IrvinIllinois Supreme Court · 1893
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
- Bold v. O'BrienNew York Court of Common Pleas · 1883
- Mallach v. RidleyNew York Supreme Court · 1888
- Leros v. ParkerWest Virginia Supreme Court · 1917
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