New York Court of Appeals
Mary Campbell, as Administratrix of the Estate of John Murphy, Deceased, Respondent v. Elsie S. Holding Co., Inc…
July 11, 1929251 N.Y. 446
Summary
The New York Court of Appeals reversed the lower courts, holding that the lessor of a warehouse is not liable for a fatal injury caused by a structural defect because the premises were not leased for a public use. The court affirmed that the exception to the general rule of non‑liability applies only when the lessor knows the premises are unsafe for a public purpose.