Public-domain · open source
OpenJurist

33 Misc. 773

Pope v. Wilbur

Appellate Terms of the Supreme Court of New York · decided 1901-01-15

<p>Appeal from an order of the General Term of the City Court of the city of Hew York, and from a judgment entered thereon, affirming a judgment in favor of the plaintiff, entered upon -the verdict of a jury and affirming an order denying defendants’ motion for a new trial.</p>

Decided 1901-01-15

Per Curiam.

¶1The 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.

¶2There 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.

¶3Present: Truax, P. J., Scott and Dugro, JJ.

¶4Judgment affirmed, with costs.

/33/misc/773 · .json · Public domain