Jacques v. David

Appellate Terms of the Supreme Court of New York

Jacques v. David

31 Misc. 782, 65 N.Y.S. 1136

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

This text of 31 Misc. 782 (Jacques v. David) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacques v. David, 31 Misc. 782, 65 N.Y.S. 1136 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The doctrine of res ipsa loquitur cannot be invoked by the plaintiffs. Although the defendant David was in possession of the premises as a tenant, the obligation, nevertheless, rested upon the plaintiffs, under the lease, to keep the premises in proper repair. If the happening of the occurrence in question warrants any inference, it must be that the plaintiffs neglected their duty in failing to keep the premises in a state of repair. On the evidence, the judgment of the court below was proper and should be affirmed.

Present: Beekman, P. J., Giegebioh and O’Gobman, JJ.

Judgment affirmed, with costs to both defendants.

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Per Curiam.

The doctrine of res ipsa loquitur cannot be invoked by the plaintiffs. Although the defendant David was in possession of the premises as a tenant, the obligation, nevertheless, rested upon the plaintiffs, under the lease, to keep the premises in proper repair. If the happening of the occurrence in question warrants any inference, it must be that the plaintiffs neglected their duty in failing to keep the premises in a state of repair. On the evidence, the judgment of the court below was proper and should be affirmed.

Present: Beekman, P. J., Giegebioh and O’Gobman, JJ.

Judgment affirmed, with costs to both defendants.

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Bluebook (online)

31 Misc. 782, 65 N.Y.S. 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacques-v-david-nyappterm-1900.