Legal Opinion · Dissent

Lake v. Emigh

Montana Supreme Court

Decided March 3, 1948No. 8719Published

1Dissent

Mr. Chief Justice Adair:

I dissent. The opinion of my associates establishes a new, far-reaching and dangerous precedent. In the absence of statute or covenant to repair, it holds the owner of real property liable for personal injuries resulting from patent and simple defects existing on premises not rented to plaintiff but outside and beyond the premises leased to her. It makes a landlord responsible not only for the strength and efficiency of a clothesline on the demised premises but also for the strength and efficiency of a clothesline beyond and without the property leased to and occupied…

2Cases cited88 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Jaffe v. . HarteauNew York Court of Appeals · 1874
  3. Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
  4. Cregan v. . MarstonNew York Court of Appeals · 1891
  5. Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941

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