Brown v. Pons

JANVIER, Judge.

Defendant is the owner of a tenement building. Plaintiff subleased from one of the tenants on the third floor the right to sleep in a portion of the room leased by that tenant. On that floor there were no water pipes carrying running water, nor was there any slop sink or other plumbing fixture to receive refuse water, and plaintiff alleges that the various tenants who occupied rooms on that floor were, in the habit of disposing of such water by throwing it over the rail of the gallery to the ground below.

While thus disposing of the water in a .large tub, plaintiff threw his own…