Hill v. Mckay

Pennewill, C. J.,

charging the jury:

This is an action on the case brought by the plaintiffs against the defendant to recover damages alleged to have been sustained because of the defendant’s failure to perform his covenant to surrender the demised premises in as good order and condition as they were when he entered into possession, reasonable wear and tear and accidents happening by fire or other casualties excepted.

The plaintiffs claim that by reason of the defendant’s negligence the pipes and radiators in the house bursted from freezing or other cause, and the water system and other parts of…