Boden v. Scholtz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna E. Boden, from a judgment of the -'Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of March, 1904, upon the dismissal of the cojnplaint by direction of the court after -a trial at the Kings County Trial Term.
1Opinion of the Court
Hirschberg, P. J.:
The action is brought to recover damages for personal injuries ¿sustained by the plaintiff through the falling of a ceiling, in the din*2ing room of an apartment which she had rented from the defendant. The complaint alleges and evidence was given tending to prove that the defendant had agreed to repair the ceiling, and that'the injury-resulted from his breach of that contract. The obligation being wholly contractual, no action in tort will lie for a violation of the agreement. (Schick v. Fleischhauer, 26 App. Div. 210; Frank v. Mandel, 76 id. 413; Goldberg v. Besdine, Id.…
2Cases cited2 opinions
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Home Insurance v. Western Transportation Co.New York Court of Appeals · 1872
3Cited by18 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
- Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
- Ross v. HanerTexas Commission of Appeals · 1924
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