Johnson v. O'BRIEN

I cannot agree with the majority in this case. At least since Harpel v. Fall, 63 Minn. 520, 524, 65 N. W. 913, 914, we have followed the rule that—

“* * * where there is no agreement to repair leased premises by the landlord, and he is not guilty of any fraud or concealment as to their safe condition, and the defects in the premises are not secret, but obvious, the tenant takes the risk of their safe occupancy; and the landlord is not liable to him or to any person entering under his title, or who is upon the premises by his invitation, for injuries sustained by reason of the unsafe condition…