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

Summary

The New York Court of Appeals affirmed the lower court's nonsuit of the plaintiff, holding that the landlord was not liable for the gallery collapse because no proof showed the landlord knew or should have known of the dangerous condition. The court emphasized that no implied warranty of fitness attaches to the lease of real estate absent fraud or a specific agreement. A dissent argued that the landlord should be liable under an implied warranty for public entertainments.