James Clancy v. . George C. Byrne

Summary

The Court of Appeals reversed the lower court's judgment, holding that a lessee who is not in actual possession and who sublets the premises is not liable for negligence in repair absent an express covenant, that the plaintiff cannot sue on a covenant to which he lacks privity, that contributory negligence is a factual issue for the jury, and that the motion for nonsuit was improper, necessitating a new trial.