Davis v. Reis

Appellate Terms of the Supreme Court of New York

Davis v. Reis

94 N.Y.S. 1142

Appellate Terms of the Supreme Court of New York·Decided May 23, 1905·Published

Opinion

PER CURIAM.

This is an appeal from a judgment of the Municipal Court, entered after a trial before the court without a jury. The evidence shows that the defendant for some six weeks prior to the happening of the accident had knowledge of the condition of the water pipes in the apartment above the apartment occupied by the plaintiff. It then became the duty of the defendant to repair said water pipes. The plaintiff had no control over them. The accident happened through the defendant’s failure to do his duty. The judgment appealed from is affirmed, with costs.

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PER CURIAM.

This is an appeal from a judgment of the Municipal Court, entered after a trial before the court without a jury. The evidence shows that the defendant for some six weeks prior to the happening of the accident had knowledge of the condition of the water pipes in the apartment above the apartment occupied by the plaintiff. It then became the duty of the defendant to repair said water pipes. The plaintiff had no control over them. The accident happened through the defendant’s failure to do his duty. The judgment appealed from is affirmed, with costs.

Davis v. Reis, 94 N.Y.S. 1142 (N.Y. Ct. App. 1905).

Pincite

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