Casey v. Mann
The Superior Court of New York City
Demurrer to complaint. This action was brought by Catherine E. Casey, by her guardian, against Francis Mann. ' The complaint stated that the plaintiff received great injuries on her head and back by the giving way and falling down of a back stoop and stairs on a certain building owned by the defendant ; that the said stoop and stairs were in a bad condition of repair, and had been provided by the defendant for the access of the residents of the premises to a back yard, and…
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Demurrer to complaint. This action was brought by Catherine E. Casey, by her guardian, against Francis Mann. ' The complaint stated that the plaintiff received great injuries on her head and back by the giving way and falling down of a back stoop and stairs on a certain building owned by the defendant ; that the said stoop and stairs were in a bad condition of repair, and had been provided by the defendant for the access of the residents of the premises to a back yard, and that the plaintiff, as one of those residents, was entitled to their use. The complaint then averred that the defendant,…
1Opinion of the CourtDuer, J.
I am obliged, with some reluctance, to hold that the demurrer is well taken. The averment that the defendant was bound to repair is plainly insufficient. It is the averment of a conclusion of law, and no facts are stated from which the court can say that the obligation to repair resulted. The complaint, as I construe it, admits that the premises were occupied, *92not by the defendant, but by third persons, and consequently it was upon them as tenants, and not upon the defendant as owner and landlord, that the duty of keeping them in good condition and repair presumptively rested; and it is not…
2Cases cited1 opinion
- Oechs v. CookThe Superior Court of New York City · 1854
3Cited by2 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Cole v. McKeyWisconsin Supreme Court · 1886