O'Brien v. Greenbaum

—This action was brought to recover damages sustained by the plaintiff, by reason of the defendant’s negligence in allowing a cellar door covering the openng to a cellar on premises No. 313 East Thirty-eighth street, New York city, of which it was alleged the defendant was the owner, to become and remain out of repair, and in a broken and unsafe condition. It appears from the evidence in the case, that defendant was the landlord of the premises in question, and that the store and cellar thereof had been rented to one Thomas McCurran, who kept a liquor store on the premises above the cellar,…