Rosser v. Cusani

Opinion et

Trexler, J.,

This is a suit in trespass by a tenant against her landlord for personal injuries sustained by reason of the failure of the landlord to make repairs to the demised premises. A writ of summons and statement of claim were served on the defendant and judgment was taken for want of an appearance. Later, a rule to strike off or set aside the judgment was taken on the ground that' the judgment was not sustained by the record in that the statement of claim filed did not set forth a good, valid and legal cause of action.

The statement avers that the plaintiff was a tenant of a…