Samuel F. Edwards v. . the New York and Harlem Railroad Company

Summary

The New York Court of Appeals affirmed the nonsuit of the plaintiff, holding that a landlord of demised real estate is not liable for injuries caused by a collapse of a gallery unless the landlord was negligent, had knowledge of the defect, or created a nuisance. The majority relied on the universal rule that no implied warranty of fitness exists for leased real property, and placed the burden of proving landlord negligence on the plaintiff, which was not met. A dissent argued that the landlord should be liable under an implied warranty when the premises are let for public entertainment and would have reversed the judgment.