New York Court of Appeals

James Ahern, as Administrator v. Rosalie M. Steele, Appellants

October 7, 1889115 N.Y. 203

Summary

The Court of Appeals reversed the lower court, holding that the children of Mrs. De Dion, as owners of the pier subject to an outstanding lease, were liable for the nuisance that caused the death of the plaintiff's infant because they possessed a right of entry for repairs, had notice of the defect, and thus owed a duty to abate the danger. Justice Danforth dissented, arguing that the owners were not liable absent notice or a covenant to repair.