Holzhauer v. Sheeny
Court of Appeals of Kentucky
CASE 5 — ACTION BY BESSIE SHEENY BY NEXT FRIEND AGAINST AMELIA HOLZHAUER FOR DAMAGES IN USING DEFECTIVE LEASED PREMISES. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge.
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CASE 5 — ACTION BY BESSIE SHEENY BY NEXT FRIEND AGAINST AMELIA HOLZHAUER FOR DAMAGES IN USING DEFECTIVE LEASED PREMISES. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for plaintiff, defendant appeals 1. The primary proposition of law is that the landlord is only liable’ -if, at the time she rented to the appellee, she knew the timbers upholding the floor were rotten, defective and dangerous, and suppressed, her knowledge of its condition. 2. The petition is fatally defective in that it fails to state that defendant knew at the time of the demise that the timbers of…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Reversing.
Appellant leased a tenement' to the father of- the infant, appellee for the residence of his family. While using a privy closet on the premises, a defective seat, made insecure by rotting planks on which it rested, gave way with the infant appellee, precipitating her into the vault, and injuring her. In this suit by her prosecuted by her next friend, against the landlord for damages, there resulted a verdict and judgment in her favor. On the appeal, prosecuted by the land*31lord, the following errors are assigned for reversal: (1) Tlmt the…
2Cases cited4 opinions
- People v. . McKaneNew York Court of Appeals · 1894
- Franklin v. TracyCourt of Appeals of Kentucky · 1904
- Coke v. GutkeseCourt of Appeals of Kentucky · 1883
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
3Cited by29 opinions
- Van Riper v. United StatesCourt of Appeals for the Second Circuit · 1926
- Cummings v. PraterArizona Supreme Court · 1963
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- F. H. Vahlsing, Inc. v. Hartford Fire Ins. Co.Court of Appeals of Texas · 1937
- Shaw v. ButterworthSupreme Court of Missouri · 1931
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