From Casetext: Smarter Legal Research

English v. Merroads Realty Corp.

Court of Appeals of the State of New York
Apr 23, 1942
41 N.E.2d 472 (N.Y. 1942)

Summary

filling an oil tank

Summary of this case from Eastern Airlines v. Guida Sons Trucking

Opinion

Submitted March 9, 1942

Decided April 23, 1942

Appeal from the Supreme Court, Appellate Division, Second Department, FROESSEL, J.

Robert H. Charlton for appellant.

Alexander U. Zinke and Charles W. Silver for respondents.


There was no breach by the defendant landlord of its obligation to heat the apartment it let to the plaintiffs. There was no failure of its duty to maintain its heating apparatus with reasonable care. The oil burner did not become unsafe because a contractor was filling the oil tank. There was no reason why the defendant landlord should have expected that the workmen engaged in that ordinary task would spill oil on the cellar floor in quantity sufficient to reach the oil burner. Such a danger was not inherent in the work of filling the tank and the defendant landlord had no notice thereof.

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event. (See Hyman v. Barrett, 224 N.Y. 436.)

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgments reversed, etc.


Summaries of

English v. Merroads Realty Corp.

Court of Appeals of the State of New York
Apr 23, 1942
41 N.E.2d 472 (N.Y. 1942)

filling an oil tank

Summary of this case from Eastern Airlines v. Guida Sons Trucking

In English v. Merroads Realty Corp. (288 N.Y. 93) the defendant-owner hired a contractor to fill a tank holding fuel oil used for heating the building.

Summary of this case from May v. 11½ East 49th Street Co.
Case details for

English v. Merroads Realty Corp.

Case Details

Full title:MILDRED ENGLISH et al., Respondents, v. MERROADS REALTY CORPORATION…

Court:Court of Appeals of the State of New York

Date published: Apr 23, 1942

Citations

41 N.E.2d 472 (N.Y. 1942)
41 N.E.2d 472

Citing Cases

Tropea v. Shell Oil Company

Miller v. Home Owners' Loan Corp., 263 App. Div. 607, 33 N.Y.S.2d 985 (1943). And filling an oil tank.…

May v. 11½ East 49th Street Co.

" In English v. Merroads Realty Corp. ( 288 N.Y. 93) the defendant-owner hired a contractor to fill a tank…