Mayor v. Corlies
The Superior Court of New York City
This was an appeal from the assistant justices’ court of the city of New York. The action was brought against the defendant in the court below, as the owner of premises in Water street, in the city of New York, to recover a penalty given by the following ordinance of the city : “ No person shall cast or lay, or suffer to run in or upon, or within three feet of any wharf, or in any lane, alley, lot, or vacant place, to the southward of 14th street, the contents of any sink,…
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This was an appeal from the assistant justices’ court of the city of New York. The action was brought against the defendant in the court below, as the owner of premises in Water street, in the city of New York, to recover a penalty given by the following ordinance of the city : “ No person shall cast or lay, or suffer to run in or upon, or within three feet of any wharf, or in any lane, alley, lot, or vacant place, to the southward of 14th street, the contents of any sink, tub, privy or cistpool under the penalty of $10 for each offence.” The complainant alleged that the defendant on the 22d…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The question is, whether the landlord here is liable for the penalty. The premises had been demised for the term of five years, and were actually in the possession of the tenant, when the penalty accrued. As between landlord and tenant, there is no implied covenant that the former shall repair. (Hart v. Windsor, 12 Mees. & Wels. 68.) And in Payne v. Rogers, 2 H. Black. 350, it was held, that if the owner of a house is bound to repair it, he, and not the occupier, is liable to an action on the case for an injury sustained by a stranger, from the want of repair. Butler, J. said, he agreed that…
2Cited by3 opinions
- Batterman v. FinnNew York Supreme Court · 1864
- Department of Health v. WendelAppellate Terms of the Supreme Court of New York · 1900
- Department of Health v. WendelAppellate Terms of the Supreme Court of New York · 1900