Heath v. Metropolitan Exhibition Co.

Brady, J.,

(dissenting.) The relations existing between the defendant and the American Athletic Club were those of landlord and tenant, and the rules of law which control them are applicable to the facts and circumstances of this controversy. The slat walk was a part of the demise, and the members of the club and their guests could use it, and were justified in regarding it as entirely safe for the purpose it was designed to accomplish unless it was known or could by ordinary prudence be seen to be otherwise. This general principal has been recognized in a number of cases, and has become a…