Repair
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
A statute directing repair of sewers includes keeping a sewer large * enough to carry ofE all the water naturally entitled to flow into it.
Blood v. Bangor, 66 Me. 154.
A covenant to repair involves the obligation to rebuild, if the structure is removed without the fault of the covenantee.
Beach v. Grain, 2 N. Y. 86; Mcintosh v. Lown, 49 Barb. 550.
Repairs, spoken of a street, includes the substitution of new curbstones and gutters for old ones.
People o
City of Brooklyn, 21 Barb. 484.
Repairs does not include additions to houses, or adaptations of the premises to new uses.
Stephens v. Milnor, 24 N. J. Eq. 358.
It does not include the substitution of a new and different kind of pavement from that existing on a public street.
Matter of Fulton Street, 29 How. Pr. 429.
Reparatione facienda
The name of an old English writ which lay in various cases to enforce a duty of making repairs. Thus, if there were three tenants in common or joint tenants of a mill or house which had fallen into decay, and one of the three was willing to repair it and the other two not, in such case, the party who was willing to repair it might have this writ against the other two.
Reg. Orig. 153; Cowel.