Rebecca A. Wolf, Respondent v. Walter F. Kilpatrick, Impleaded

Summary

The New York Court of Appeals reversed the judgment, holding that the owners of the premises were not liable for the plaintiff's injury caused by a coal‑hole cover defect created by a third party, because they had no possession, control, or notice of the defect and no covenant to repair. The court also held that a landlord out of possession is not liable for a nuisance that arises after possession unless he created or continued it.