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Rush v. Commercial Realty Co.
New Jersey Supreme Court
145 A. 476 (N.J. 1929)
Mrs. Rush (plaintiff) rented her home from Commercial Realty (Commercial) (defendant). The home had a detached outhouse, which was the only restroom available to the building’s tenants. Rush testified that the outhouse floor was in bad condition. One day when Rush went to use the outhouse, she fell through the floor and into the waste below. Rush brought suit against Commercial. Rush claimed that Commercial breached its duty of care by negligently maintaining the outhouse floor in a defective condition. Commercial filed for a nonsuit and a directed verdict. The court denied the motions, and the jury returned a verdict for Rush. Commercial Realty appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
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