Legal Opinion

Sieber v. Blanc

California Supreme Court

Decided May 19, 1888No. 11332PublishedCited by 28 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

Action by a tenant against her landlord for injuries received by reason of the condition of the building.

The court found that “the floor of the back room of the second story of said premises was defectively and insufficiently supported, and the lumber in the flooring thereof worn and rotten.” It does not appear that the landlord himself constructed the building, but at the time of the lease he “then and there covenanted and agreed with the plaintiff to repair said premises.” Judgment passed for the plaintiff, and the defendant appeals.

At common law, there was no duty resting upon the…

2Cases cited4 opinions

  1. Jaffe v. . HarteauNew York Court of Appeals · 1874
  2. Van Every v. OggCalifornia Supreme Court · 1881
  3. Brewster v. DeFremeryCalifornia Supreme Court · 1867
  4. Loupe v. WoodCalifornia Supreme Court · 1877

3Cited by28 opinions

  1. Green v. Superior CourtCalifornia Supreme Court · 1974
  2. Wal-Noon Corp. v. HillCalifornia Court of Appeal · 1975
  3. Smith v. ButtnerCalifornia Supreme Court · 1891
  4. Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
  5. Bianchi v. Del ValleSupreme Court of Louisiana · 1906

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