Bransley v. Goodman
Bransley v. Goodman
Opinion of the Court
The opinion of the court was delivered by
Since 1940 the plaintiffs as tenants have occupied a 2%-rc>om apartment on the first floor of a five-story apartment building owned by the defendants located at No. 340 Eairmount Avenue in Jersey City. The plaintiffs’ apartment and the four apartments directly above it are served by a single water supply unit.
The plaintiffs sought to recover for damage to their furniture caused by water leaking through the ceiling of their living room. The case was heard without a jury and at the conclusion of the trial, no stenographic record having been taken, the judge filed a statement of evidence and law, and awarded damages of $250 to the plaintiffs, from which judgment the defendants appeal.
The evidence discloses, and the trial court found, that during the night of March 20, 1955 water poured through the ceiling of the plaintiffs’ living room damaging their furniture. There was undisputed testimony that on at least four previous occasions from 1947 to 1955 water had leaked through the ceiling of the plaintiffs’ living room, causing damage on several occasions. In each instance the leak was due to a defective nipple in the water supply lines, although
The defendants argue that they had no notice, actual or constructive, of any defect in the plumbing system as a whole. They contend that it was error for the trial court to charge them with the responsibility of anticipating further leaks in the plumbing system after they had repaired the leaks as they occurred. They concede that they were responsible for the maintenance of the plumbing system. Cf. Siggins v. McGill, 72 N. J. L. 263 (E. & A. 1905); Daniels v. Brunton, 7 N. J. 102 (1951). There being no dispute as to the basic facts, the determinative question is whether we may rule as a matter of law, as the defendants urge, that they were not placed on actual notice of the existence of a defect in the plumbing system despite the admitted occurrence of five previous leaks in the system over a period of eight years, culminating in the leak upon which the present suit is predicated.
The defendants rely upon Dreeves v. Schoenberg, 82 N. J. L. 335 (Sup. Ct. 1912); Wright v. General Ceramics Co., 122 N. J. L. 44 (Sup. Ct. 1939) and Schnatterer v. Bamberger & Co., 81 N. J. L. 558 (E. & A. 1911), which
“* * * It is, of course, ¡i fundamental rule in this general class of cases, that a duty of care normally involves the duty of making reasonable inspection at proper times and of reasonable diligence in making repairs looking to the safety of the premises if such reasonable inspection disclose defective conditions. * * * Negligence could be inferred from lack of such inspection; and if such negligence were the proximate cause of injury to the plaintiff, there would be liability. It was clearly open to a jury to infer that the ceiling fell on account of the water, and they were entitled to find that defendant should have anticipated this as a probable result of the leakage and should have made inspection accordingly. * * *”
Sec Ingling v. Public Service Elec. & Gas Co., 10 N. J. Super. 1, 11 (App. Div. 1950). So here. The trier of the facts could reasonably have inferred from the repeated leaks that at least the nipples in the water supply system were defective and that the defendants’ admitted failure to inspect the system was negligence. We deem it significant that the defendants’ maintenance man, Maresca, admitted that as a result of these continual leaks the defendants,
The defendants further argue that the measure of damages applied by the trial court was improper, contending that the plaintiffs are entitled to have their furniture restored merely to the condition in which it was immediately prior to its being damaged. They rely upon Moeller v. Weston Trucking & Forwarding Co., Inc., 136 N. J. L. 643 (Sup. Ct. 1948), which contains dicta to the effect that the cost of repairs may not be recovered if it exceeds the value of the articles immediately prior to repair.
It is settled that evidence of the cost of repairs is evidential on the issue of the difference in value of goods before and after injury. Nixon v. Lawhon, 32 N. J. Super. 351 (App. Div. 1954); Douches v. Royal, 1 N. J. Super. 45 (App. Div. 1948). The plaintiffs’ expert testified that the
The defendants’ expert disputed the cost of repairs io the furniture. In the absence of any proof that the cost of repairing the furniture exceeded its value before it was damaged, we are satisfied that the award of $250 was not excessive. Smith v. Ryan, 10 N. J. Misc. 296 (Sup. Ct. 1932).
The defendants last argue that the plaintiffs were guilty of contributory negligence in failing to change the position of their furniture after the first leak in 1947. This argument is completely untenable and being patently frivolous merits no discussion whatsoever.
The judgment will be affirmed.
Reference
- Full Case Name
- HENRY BRANSLEY AND FRANCES BRANSLEY, PLAINTIFFS-RESPONDENTS v. ESTHER GOODMAN, IDA SALZER, MARTIN TROP, INDIVIDUALLY AND TRADING AS SAL-GOOD REALTY CO.
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- 2 cases
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- Published