Bixby v. Sinclair Refining Company

A tenant who continues to use a building which is dangerously out of repair, when this dangerous condition is patent and known to him, can not recover for damages resulting from this dangerous condition. This is true notwithstanding the fact that the landlord or owner of the premises has had notice of and has inspected the dangerous condition of the premises and has negligently failed to repair them. This is true, for knowing the dangerous condition of the premises and the negligence of the landlord in not repairing them, it will be held that the tenant failed to exercise ordinary care for…