Rush v. Commercial Realty Co.

New Jersey Supreme Court

145 A. 476 (N.J. 1929)

Relevant factsFree

Mrs. Rush (plaintiff) rented her home from Commercial Realty (Commercial) (defendant), whose only restroom for tenants was a detached outhouse that Rush testified was in bad condition. Rush fell through the outhouse floor into the waste below and sued Commercial for negligently maintaining the floor in a defective condition. Commercial moved for a nonsuit and a directed verdict, both denied, and the jury returned a verdict for Rush; Commercial appealed.

IssueFree

Whether assumption of risk will be implied and bar a plaintiff's recovery where she did not voluntarily assume the risk.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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