Le Pichard v. George N. Thurber Co.

The opinion of the court was delivered by

Minturn, J.

The state of demand alleges that defendant was a corporation and owner of certain premises, and rented an apartment to plaintiff with steam hea.t, retaining control over the heating apparatus except as to the privilege of the tenant to use it or not.

Liability is predicated on the theory that the defendant undertook and promised that the premises were in tenant-able condition, and that the radiators were in proper condition to turn on the steam; and that it was the duty of the defendant to see that they were in good condition; that one of the…