Sunasack v. Morey

This was an action brought to recover damages sustained in consequence of the presence of sewer gas in a house leased and occupied by the plaintiff, both as a residence and as a barber shop.

It was alleged that it was the duty of the defendants to keep the premises in good order, particularly as to sewerage; and that, disregarding this duty, defendants suffered the premises to be in bad order and sewer gas to escape therein in such quantities as to become dangerous for tenants; all of which was well known to defendants, or by the use of ordinary care could and should have been known to them;…