McFlynn v. Crescent Realty Corp. of Delaware

JANVIER, Judge.

In this action Mrs. Agnes McElynn, the wife of James McElynn, who is a tenant of defendant, seeks recovery in tort for physical injuries which she claims to have sustained as the result of the alleged falling of plaster from the ceiling of one of the rooms of the leased residence.

Defendant, without admitting that the plaster fell as a result of its defective condition, contends that none of its officials or employees had knowledge that there were any defects in the plastering, if in fact there were any; that there was nothing about its appearance to indicate its dangerous…