New Jersey Law Reports Volume 61

New Jersey Law Reports Volume 61

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...against the actual occupier of the house and not against the landlord. The rule was refused on the ground that, though the tenant was, prima facie, bound to repair, and therefore liable, yet if he can show that the landlord is to repair, the latter is liable for the neglect to repair; and the defence appears to have been maintained on the ground of avoiding oircuity of action, as the tenant, if recovery was had against him, would have remedy over against the landlord. The case, as will presently be seen, has been criticised in the English courts. In Russell v. Shenton, 3 B. S.) 449, the declaration stated that the plaintiff, before and at the time, &c., was lawfully possessed of a dwelling-house and 'premises whereon the plaintiff and his family dwelt; that defendant, before and at the time, &c., was the owner and proprietor of divers drains and sewers situate and being in and upon certain premiseslbelonging to the defendant, near to and adjoining the said dwelling-house of the plaintifl', into and-through which drains and sewers divers quantities of soil, filth and water from time to time passediand flowed, and by reason thereof, the defendant, as such owner, ought from time to time well and sufficiently to have kept cleansed and repaired said drains and sewers, and prevented the soil, filth, &c., from unduly accumulating therein and from running and proceeding therefrom unto the plaintifi"s dwelling-house; nevertheless, &c., the defendant, &c., wrongfully suffered the said drains and sewers to become foul and in bad repair, and also wrongfully suffered divers large quantities of soil, &c., to accumulate therein, and wrongfully kept and continued said drains and sewers so foul and in bad repair, ...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236909739
  • 9781236909732