Railton v. Taylor
Supreme Court of Rhode Island
Trespass on the Case by lessee against lessor for injuries to plaintiff’s goods in the leased premises, in consequence of the alleged negligent management of a heating apparatus, and the use of improper means for receiving coal and carrying away ashes, in the parts of the building reserved to’ or used by the defendants.
1Opinion of the CourtTillinghast, J.
This is an action of trespass on the case for negligence. The plaintiff is a tenant of the defendant, Taylor, under a written lease. The declaration alleges, in the first count thereof, that the plaintiff entered into possession of the store in question, which consisted of a portion only of the building owned and controlled by the defendant Taylor ; that a portion only of the cellar under said store is occupied by plaintiff; that the remainder of said cellar is occupied by said Taylor, and contains a steam heating apparatus, planned for and used by said defendant in the heating of the stores…
2Cases cited8 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Torrance v. McDougaldSupreme Court of Georgia · 1853
- Smith v. StateCourt of Appeals of Maryland · 1886
- Lucas v. CoulterIndiana Supreme Court · 1885
- Vaughan v. PorterSupreme Court of Vermont · 1844
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3Cited by15 opinions
- Kay v. CainCourt of Appeals for the D.C. Circuit · 1946
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Allstate Insurance v. RussoSupreme Court of Rhode Island · 1994
- Meyer Jewelry Co. v. Professional Building Co.Missouri Court of Appeals · 1957
- Freddi-Gail, Inc. v. Royal Holding Corp.New Jersey Superior Court Appellate Division · 1955
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