Pope v. Wilbur — 67 N.Y.S. 1144

Majority

p. 1144

POPE, Respondent, v. WILBUR et al., Appellants.

(Supreme Court, Appellate Term.

January 2, 1901.)

Headnote

Action by Catharine A. Pope against John A. Wilbur and another. From a judgment of the general term of the city court of New York ( 66 N. Y. Supp. 1141 ), affirming a judgment in favor of plaintiff, and from an order denying motion for a new trial, defendants appeal.

Affirmed.

Dudley H. Horton, for appellants.

Benjamin F. Edsall, for respondent.

The defendants claimed and were accorded the affirmative. It then became incumbent upon them to show that the premises became untenantable, and this, according to the verdict, they failed to do. There was no error in the charge. The jury were left to ■say whether the damages rendered the building untenantable, and were instructed properly in regard to the defendants’ nonliability in case of untenantability. There is no merit in any of the exceptions. Judgment affirmed, with costs.