Perez v. Rabaud
Texas Supreme Court
Error from Galveston. Tried below before Hon. Wm. H. Stewart. Suit by plaintiff in error, servant of a tenant, against defendant in error, the owner of the rented premises, for damages resulting from the falling of a cistern.
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Error from Galveston. Tried below before Hon. Wm. H. Stewart. Suit by plaintiff in error, servant of a tenant, against defendant in error, the owner of the rented premises, for damages resulting from the falling of a cistern. The petition alleges that defendant, the owner of the premises, leased them to A. Watts to use as a restaurant; that he was employed by Watts; that there was a cistern upon the premises of the capacity of 8000 gal-Ions, which, because of its defective supports (the same being decayed and insufficient), and because of the weight of water it contained, fell upon plaintiff…
1Opinion of the Court
COLLARD, Judge.
It is well settled that the owner of leased premises is liable to the public or to third persons for injuries resulting from a defective structure on the premises, when the defect existed at the time the lease was made, or when he had covenanted to repair and keep in repair. Thomp. on Neg., 317; Marshall v. Heard, 59 Texas, 267; Owings v. Jones, 9 Md., 108; Grady v. Walsuer, 46 Ala., 381; Hedwig v. Jorden, 53 Ind., 21.
The case at bar is not an action by a stranger, but by the servant of a tenant against the owner, and in such case the rule seems to be that the landlord is…
2Cases cited5 opinions
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Brewster v. DeFremeryCalifornia Supreme Court · 1867
- Grady v. WolsnerSupreme Court of Alabama · 1871
- Helwig v. JordanIndiana Supreme Court · 1876
- Reed v. New York Central RailroadNew York Supreme Court · 1868
3Cited by45 opinions
- Renfro Drug Co. v. LewisTexas Supreme Court · 1950
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Hindman v. Texas Lime CompanyTexas Supreme Court · 1957
- City of Fort Worth v. BarlowCourt of Appeals of Texas · 1958
- Yarbrough v. BooherTexas Supreme Court · 1943
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