Sulzbacher v. Dickie
New York Court of Common Pleas
This action was brought to recover damages for the loss and destruction of paper, stock and boxes, caused by a heavy fall of rain on the night of" July 25th and 26th, 1872, whilst the defendant, Dickie, was engaged in putting on a new roof on his premises No. 144 Chamber street, New York city, the upper floors of which were occupied by plaintiffs.
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This action was brought to recover damages for the loss and destruction of paper, stock and boxes, caused by a heavy fall of rain on the night of" July 25th and 26th, 1872, whilst the defendant, Dickie, was engaged in putting on a new roof on his premises No. 144 Chamber street, New York city, the upper floors of which were occupied by plaintiffs. The defendant, Dickie, was the owner of the premises, Delamater, Cummings & Windsor were his tenants, and the plaintiffs were sub-tenants of the latter under a verbal lease for one year. On the 12th day of July, 1872, the roof leaked and the…
1Opinion of the CourtDaly, C. J.
— This action was brought to recover damages for injury to the plaintiffs’ goods by rain which came through the roof of a house 144 Chambers street, owned by *512the defendant Dickie and leased by him to the defendants Delamater, Cummings & Windsor, a portion of which premises were leased by them to and were occupied by the plaintiff.
The roof of the building leaking, the plaintiff applied to his landlords, Delamater, Cummings & Windsor, to have it repaired and they applied to Dickie, the owner of the building, who sent a builder to examine the roof, after which examination Dickie instructed the…
2Cases cited5 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Blake v. . FerrisNew York Court of Appeals · 1851
- Conners v. HennesseyMassachusetts Supreme Judicial Court · 1873
- McCleary v. KentThe Superior Court of New York City · 1854
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