Leonard v. Gunther
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jacob Leonard and another, from a, judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 10th day of October, 1899, upon the decision of the court dismissing the complaint, rendered after a trial at the Albany Trial Term, the jury haying been waived.
1Opinion of the Court
Kellogg, J.:
This action is brought by a tenant against a landlord, or one of the landlords, for damages suffered by reason of the breaking, by frost, of a water supply pipe in another portion of the same builds ing occupied by another tenant, an order known as “ The Elks.”
It is not claimed that there was any defect in the pipe or that it was out of repair, or was itself improperly constructed, but that the water in the supply pipe was liable to freeze and the pipe to break *195in case the tenant entitled to its exclusive use failed to warm the room during wintry weather or .adopt some other means…
2Cases cited3 opinions
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Citron v. BayleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
- Tobias v. LewisAppellate Division of the Supreme Court of the State of New York · 1918
- Peterson v. Bullion-Beck & Champion Mining Co.Utah Supreme Court · 1907
- Brick v. Favilla, New York County Courts1908
- Cosgrove v. StateAppellate Division of the Supreme Court of the State of New York · 1951