Smith v. Perry

The defendant in his representative capacity is the owner of a tenement house in West Haven. On January 21, 1939, the plaintiff, one of the tenants, was injured, solely because of a dangerous condition existing in a stairway over which the defendant maintained control. The second defense recites that the defendant, as the bank commissioner of the state, was acting in that capacity on the date in question, and that, in the absence of any statutory authority to sue him, he is immune to this type of litigation because of his status as a governmental agent. To this defense the plaintiff has…