Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He sued to recover damages for the resulting injuries, and appealed from judgment on a verdict directed for defendant. Held, that the complaint indicated a sufficient basis of liability to avoid a directed verdict for defendant, in that defendant had retained control of the roof of the building; further that the defectively constructed skylight was a nuisance, existing at the time of the demise, for which defendant would be liable to one injured thereby. Judgment reversed, with order for new trial. Reiman v. Moore, (Cal. App. 1939) 86 P. (2d) 156.
Michigan Law Review,
LANDLORD AND TENANT - LIABILITY OF LANDLORD TO LESSEE'S GUEST - "NUISANCE",
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss8/27