Blake v. Fox
New York Court of Common Pleas
Appeal from city court, general term. Action by Andrew P. Blake, an infant, by guardian ad litem, against Simon Fox, for damages from alleged negligence of defendant.' Plaintiff resided with his mother in a tenement-house of defendant, where she hired apartments. A dumb-waiter operated between the cellar and the upper stories of the building for the general use of tenants in carrying coal and other things to their rooms.
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Appeal from city court, general term. Action by Andrew P. Blake, an infant, by guardian ad litem, against Simon Fox, for damages from alleged negligence of defendant.' Plaintiff resided with his mother in a tenement-house of defendant, where she hired apartments. A dumb-waiter operated between the cellar and the upper stories of the building for the general use of tenants in carrying coal and other things to their rooms. This dumb-waiter was in the custody and control of defendant landlord. At the instance of tenants, defendant undertook to arrange for the dumb-waiter to run to the top of the…
1Opinion of the CourtPryor, J.
In legal effect, the relation between the plaintiff and defendant was that of landlord and tenant, and their respective rights and liabilities in the action are to be determined by that relation. The dumb-waiter being provided by the landlord for the common use of tenants, it was his duty “to use reasonable care to keep it in repair and suitable condition.” Peil v. Reinhart, 127 N. Y. 381, 384, 385, 27 N. E. Rep. 1077; Ritterman v. Ropes, 51 N. Y. Super. Ct. 25; Tousey v. Roberts, 53 N. Y. Super. Ct. 446; Dawson v. Sloan, 49 N. Y. Super. Ct. 304, affirmed, 100 N. Y. 620. And that duty he…
2Cases cited3 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Peil v. . ReinhartNew York Court of Appeals · 1891
- O'Sullivan v. NorwoodNew York Court of Common Pleas · 1887
3Cited by7 opinions
- LaPlante v. LaZearIndiana Court of Appeals · 1903
- Livingston v. . Investment Co.Supreme Court of North Carolina · 1941
- Livingston v. Essex Investment Co.Supreme Court of North Carolina · 1941
- Parker v. Jenkins, New York County Courts1930
- Salvetta v. FarleyAppellate Terms of the Supreme Court of New York · 1910
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