101 N.Y.S. 249 | N.Y. App. Term. | 1906
The action is for personal injuries alleged to have been sustained by the plaintiff through the negligence of defendant. The pleadings are in writing. The only witnesses called were plaintiff and her doctors. The justice gave judgment for the plaintiff. The defendant appeals. The facts are as follows; viz: The plaintiff was a tenant in defendant’s apartment house. In December, 1905, plaintiff noticed that the ceiling in the kitchen of the apartment occupied by her was cracked and broken and looked to be in an unsafe condition. She immediately notified the janitor of this fact and also took advantage of the presence of the defendant himself in her apartment to call his attention to the kitchen ceiling and to ask him to have it placed in a proper condition. He promised to do so, but failed to keep such promise. Although she repeatedly called upon the janitor or the defendant to repair this ceiling, nothing was done until after January 12th, 1906. On that date, when the plaintiff was in her kitchen, the ceiling suddenly fell upon her, causing the severe injuries of which she here complains. ¡No act of the plaintiff in any way tended to cause said ceiling to fall. What the nature of the lease was the evidence does not disclose. It is alleged, however,
The judgment must be reversed and a new trial granted, with costs to appellant to abide the event.
Dugro and Dowling, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.