Hilden v. Naylor

The plaintiff sues in tort for damages caused by the alleged negligence of the defendant, who was his landlord and the owner of the building, in “suffering the roof and water or drain pipes to be defectively constructed, leaky and out of repair,” whereby “the water from the roof and waste pipes ran into the store,” injuring his goods and property. A verdict for the plaintiff having been returned, the only question before us on the record is whether he was entitled to go to the jury.

The exceptions state and the jury could find, “that from the roof in question there was installed a two-inch…