McCarthy v. York County Savings Bank
Supreme Judicial Court of Maine
ÜN exceptions from superior court. An action of the case, for injury to a stock of goods by overflow of water from a bowl set in an upper story. The writ was dated October 2, 1880, and the plea was the general issue. The case was tried without a jury by the presiding justice, who found the following facts.
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ÜN exceptions from superior court. An action of the case, for injury to a stock of goods by overflow of water from a bowl set in an upper story. The writ was dated October 2, 1880, and the plea was the general issue. The case was tried without a jury by the presiding justice, who found the following facts. The defendant bank on the ninth day of July, 1880, was the owner of a block of stores on Middle street in the city of Portland, and the plaintiff occupied one of the stores as the tenant of the defendant. Directly over this store was a room ■ occupied by one Allen Fisk also a tenant of the…
1Opinion of the CourtSymonds, J.
In the consideration of this case we shall assume, without deciding, that the relation oflandlord and tenant between the plaintiff and the defendants has no effect to limit the right of action, that the restrictions upon the liability of lessors to lessees in such a case do not apply, that as to the water fixtures, their construction and condition, the defendants were subject towards the plaintiff to the ordinary responsibilities of a general owner of property in the possession of tenants to third persons alleging injury through its faulty or defective construction, ruinous condition, or by…
2Cases cited5 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- Pickard v. CollinsNew York Supreme Court · 1856
- Stewart v. PutnamMassachusetts Supreme Judicial Court · 1879
- Marshall v. CohenSupreme Court of Georgia · 1871
3Cited by7 opinions
- Larson v. Calder's Park Co.Utah Supreme Court · 1919
- Eyre v. JordanSupreme Court of Missouri · 1892
- Buckley v. CunninghamSupreme Court of Alabama · 1893
- Wasilewski v. McGuire Art ShopSupreme Court of New Jersey · 1936
- Martindale Clothing Co. v. Spokane & Eastern Trust Co.Washington Supreme Court · 1914
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