Irons v. William Steiner Sons & Co.

Headnote

Negligence — drain pipe conveying acid waste — duty to repair leak.

Irons v. Steiner Sons & Co., Inc., 216 App. Div. 843 , affirmed.

Appeal from two judgments of the Appellate Division of the Supreme Court, one entered July 8, 1926, and the

other July 20, 1926, each affirming a judgment in favor of one of the defendants herein and against the plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. Plaintiff’s claim for damages was based upon the contention that his injuries were caused by the leakage of acid liquid waste from a drain conveying such waste from the place of business of one of the defendants which occupied as tenant a portion of the floor of a building of which the other defendant was landlord down through the floor below where plaintiff worked as a printer for his employer, a corporation which occupied the lower floor as tenant. It was contended that the trial court incorrectly charged “ that there was no duty on either defendant to go in there and repair the pipe until they had some notice of this particular leak.”