Carl v. Young

Tenant. Negligence. Pleading. 1. The tenant of a building is not an insurer against articles being thrown from a window to the injury of persons outside. He is only bound to the exercise of ordinary care. 2. A declaration setting forth an injury received from an article thrown from a window of a building in the tenancy of the defendant, but not ' setting forth any facts showing negligence on his part, is not sufficient to sustain the action.

On exceptions by plaintiff. Tort. The declaration in the plaintiff’s writ is as follows :■ • " In a plea of the case for that the said plaintiff on the 3rd inst. was rightfully passing along from Mechanic Row to Main Street in a passageway legally opened and subject to the rights of travellers to pass upon, in the rear of the store and place of business maintained by the defendants,, and while so passing along in the rear of the store of said defendants, without any notice, the window of their place of business was raised and someone to the plaintiff unknown, from the inside, threw out a certain vessel, to wit, a spittoon, loaded with blazing benzine and other filth and upon the body of the said plaintiff covering him with filth and ruining his clothing which he then wore, causing him great fright and' damage to his person as well as to his clothing and against our peace.” To this declaration the defendants filed a general demurrer which was sustained and thereupon the plaintiff excepted.