Willson

Works, J.

This is an action by an employee of a tenant of business property, against the- landlord, for *59 damages for personal injuries resulting from a defective stairway on the premises, used in conducting the business of the tenant. The controlling question in the case is, whether or not the landlord was legally bound to make necessary repairs. There was no covenant in the lease to that effect. This question was ruled against the defendant in the court below, and verdict and judgment went against her." At common law the landlord was not bound to make repairs, and the tenant alone was liable to third parties for injuries resulting from negligence in this respect. (1 Thompson on Negligence, 317, 323; City of Lowell v. Spaulding, 4 Cush. 277 ; 50 Am. Dec. 775 ; 2 Shearman and Redfield on Negligence, 4th ed., sec. 708; Clancy v. Byrne, 56 N. Y. 133 ; 15 Am. Rep. 391 ; City of Brooklyn v. Brooklyn City R. R. Co., 47 N. Y. 483 ; 7 Am. Rep. 469 ; Nelson v. Liverpool Brewing Co. L. R. 2 C. P. 311; Marshall v. Heard, 59 Tex. 266 .)

And the rule that the landlord was not liable to strangers for a failure to repair applied with equal force to the tenant and his employees. (1 Thompson…