Kern v. Myll

This is an appeal from a second trial-At the conclusion of the first trial the court took the case from the jury on the ground that the declaration did not. set forth a cause of action. On appeal this Court held the declaration good; that it disclosed a cause of action in tort,, resting upon the duty of defendant to disclose to the plaintiff defects in the premises, amounting to nuisances, known to defendant and concealed from plaintiff, which were calculated to impair, and which did impair, the-health of the plaintiff. The case is reported in 80 Mich. 525, where the declaration is fully set…