Doupe v. . Genin
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of New York, reversing a judgment entered upon a verdict and ordering a new trial. Action to recover damages for injuries to the plaintiff’s goods and loss to his business from the omission of the defendant to repair the roof of the premises occupied by the plaintiffs.
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Appeal from an order of the General Term of the Superior Court of New York, reversing a judgment entered upon a verdict and ordering a new trial. Action to recover damages for injuries to the plaintiff’s goods and loss to his business from the omission of the defendant to repair the roof of the premises occupied by the plaintiffs. The defendant demised to the plaintiff, to be used in carrying on the upholstery business, the store and basement (except the right to the other tenants to use the basement stairs), of the premises No. 707 Sixth avenue, New York. There was a provision in the lease…
1Opinion of the CourtRapallo, J.
This case appears to have been very fully considered at the General Term; and we concur in the conclusion there arrived at. The judge, for the purposes of the trial, charged the jury, in substance, that it was the duty of the'defendant to proceed with diligence, after the occurrence of the fire, to put on the roof and save the plaintiff’s property from the storms, and that he was liable to pay the damage caused by any improper delay in so doing. Unless the law devolved this duty on the defendant, by reason of his demise to the plaintiff of the lower floors, or by reason of his ownership of…
2Cases cited1 opinion
- Graves v. . BerdanNew York Court of Appeals · 1863
3Cited by51 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Kilmer v. WhiteNew York Court of Appeals · 1930
- Purcell v. EnglishIndiana Supreme Court · 1882
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Smith v. . KerrNew York Court of Appeals · 1888
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