Legal Opinion

Knauss v. Brua

Supreme Court of Pennsylvania

Decided June 2, 1884No. 31PublishedCited by 13 opinions

Error to the Court of Common Pleas of Dauphin county: Of May Term, 1884, No. 31. This was an action of trespass on the case for nuisance, by Franklin Knauss against John P. Brua. Plea, not guilty. On tbe trial, before SimoktoN, P. J., it appeared that the plaintiff and the defendant owned adjoining houses and lots, that of the defendant being in possession of a tenant.

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Error to the Court of Common Pleas of Dauphin county: Of May Term, 1884, No. 31. This was an action of trespass on the case for nuisance, by Franklin Knauss against John P. Brua. Plea, not guilty. On tbe trial, before SimoktoN, P. J., it appeared that the plaintiff and the defendant owned adjoining houses and lots, that of the defendant being in possession of a tenant. The nuisance complained of was a privy well and sewer connection in the cellar of defendant’s premises, which at times became obstructed, whereby filthy water percolated through the party wall into the cellar of plaintiff’s…

1Opinion of the CourtJustice GokdoN

We have no special fault to find with the law as held, in this case, in the conrt'below, but its application to the facts as found by the jury does not meet with our approval. We do not doubt but that, in the absence of an agreement to repair, the landlord is not liable to a third party for a nuisance resulting from dilapidation in the leasehold premises whilst in the possession of a tenant. To make the lessor so liable the defect must be one that arises necessarily from a continuance of the use of the property as it was when the tenant took possession of it. But the converse of this…

2Cited by13 opinions

  1. Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
  2. McLaughlin v. KellySupreme Court of Pennsylvania · 1911
  3. Wunder v. McLeanSupreme Court of Pennsylvania · 1890
  4. New Castle v. KurtzSupreme Court of Pennsylvania · 1904
  5. Deutsch v. MaxSupreme Court of Pennsylvania · 1935

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