TORTS - LIABILITY OF LANDLORD TO TENANT FOR DISREPAIR

Authors

Michigan Law Review, University of Michigan Law School

Abstract

A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily negligent, there could be no recovery in tort, for there is no liability in tort for breach of a lessor's contract to repair; and further, the doctrine of condition amounting to a nuisance is inapplicable. Harris v. Lewiston Trust Co., 326 Pa. 145, 191 A. 34 (1937).

Recommended Citation

Michigan Law Review, TORTS - LIABILITY OF LANDLORD TO TENANT FOR DISREPAIR, 36 Mich. L. Rev. 675 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss4/18