Durst v. Wareham

The opinion of the court was delivered by

Smith, J.:

The action was brought against H. P. Wareham and the city of Manhattan to recover damages caused when the roof of a shed maintained by Wareham collapsed upon plaintiff, injuring him. Plaintiff recovered against both defendants, and both appealed.

Appellant Wareham owned the hotel in Manhattan. In the rear of this hotel is an alley. This alley runs east and west through the entire block. On the north side of this alley, directly opposite the rear of the hotel, Wareham has built and maintains a garage. Just east of the garage there is a…