Bears v. Ambler
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. The defendant, Bears, Avas the lessee in possession of a tavern in Pittsburgh, and the defendant, Weaver, was the lessor. It did not appear that there were any covenants. in the lease respecting repairs. There was a vault under the sidewalk on the public street in front of the premises, into which there was an opening, covered by a grate. One of the bars of the grate was broken during the term.
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In error from the District Court of Allegheny. The defendant, Bears, Avas the lessee in possession of a tavern in Pittsburgh, and the defendant, Weaver, was the lessor. It did not appear that there were any covenants. in the lease respecting repairs. There was a vault under the sidewalk on the public street in front of the premises, into which there was an opening, covered by a grate. One of the bars of the grate was broken during the term. The plaintiff was walking along the street in the evening, when her foot slipped through the broken grate, and she was injured. Eor this the action was…
1Opinion of the CourtRogers, J.
The laAv of the case is accurately stated in the charge. A tenant or occupier is always liable for an injury caused by his neglect, irrespective of any contract between him and *194the landlord, or owner of the property. So far as the public is concerned, it is nothing to them who may be ultimately liable for repairs. It is the duty of the tenant or occupier in the first instance to keep the ways in such order as not to endanger others, whatever may be his agreement with the landlord or owner of the premises. And this imposes no hardship on him of which he can justly complain, as the landlord and…
2Cases cited1 opinion
- Long v. FitzimmonsSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- Bruder v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
- Wolk v. Pittsburgh Hotels Co.Supreme Court of Pennsylvania · 1925
- Lindstrom v. Pennsylvania Co.Supreme Court of Pennsylvania · 1905
- Ford v. PhiladelphiaSuperior Court of Pennsylvania · 1941
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