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Jacques v. David

65 N.Y.S. 1136 Court N.Y. App. Term Decision date 1900-06-13 English

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p. 1136
JACQUES et al., Appellants, v. DAVID et al., Respondents.
(Supreme Court, Appellate Term.
June 13, 1900.)

Headnote

Action by James Jacques and others against B. Edmund David and others. From a judgment in favor of defendants, plaintiffs "appeal. Affirmed. William C. Reddy, for appellants. H. A. View, for respondent Abbott. Frederick Wiener, for respondent David.

The doctrine of “res ipso loquitur” cannot be invoked by the plaintiffs. Although the defendant David was in possession of the premises as tenant, the obligation nevertheless rested upon the plaintiffs under the lease to keep the premises in proper repair. If the happening of the occurrence in question warrants any inference, it must be that, the plaintiffs neglected their duty in failing to keep the premises in a state of repair. On the evidence, the judgment of the court below was proper, and should be affirmed. Judgment affirmed, with costs to both defendants.