Jordan v. Bernstein
Jordan v. Bernstein
Opinion of the Court
This appeal brings up a judgment of the Second District Court of Jersey City, in favor of the plaintiff against the defendant in a suit brought to recover damages for injuries sustained by the giving away of a porch and railing, precipitating plaintiff to the ground. The state of demand alleges that the defendant was the owner of the premises and that the plaintiff was an invitee; that the defendant so carelessly and negligently constructed and maintained the stoop, stairs and railing that the railing gave away and fell off, causing plaintiff to be thrown to the ground and injured.
It appears that the premises are a one-story dwelling house occupied by a single family; that plaintiff was a domestic in the service of the tenant, Moss; that about two months prior
In view of the fact that there was no obligation on the landlord in the circumstances shown to make repairs, to make him liable on the theory of an assumption of such duty, it must appear either that he undertook the repairs and did them in a faulty manner, or that he specifically agreed to make the repairs and failed to do so. In this case, unless the person to whom the statement alleged to have been made by Mrs. Moss was made, was the agent for the purpose of the owner, he would not be bound by it. It does not appear who this person was, or that it was ever communicated to the owner, or that the owner had knowledge of the condition complained of, or was under any duty to know about it. The mere fact that the owner may have made repairs on one occasion would not be sufficient to charge him with the duty of making other repairs. Bolitho v. Mintz, 106 N. J. L. 449.
The judgment is reversed, with costs.
Reference
- Full Case Name
- ANNA E. JORDAN v. JOSEPH E. BERNSTEIN
- Cited By
- 1 case
- Status
- Published