Appellate Terms of the Supreme Court of New York, 1905

Davis v. Reis

Davis v. Reis
Appellate Terms of the Supreme Court of New York · Decided May 23, 1905
94 N.Y.S. 1142 (New York Supplement)

Counsel

Louis J. Hamel, for appellant., Henry R. Noyes, for respondent.

Davis v. Reis

Opinion of the Court

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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