Haizlip v. Rosenberg
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Feliott, Judge. STATEMENT BY THE COURT. This action was to recover $186.75 for rent of a store-house in Pine Bluff.
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Appeal from Jefferson Circuit Court. John M. Feliott, Judge. STATEMENT BY THE COURT. This action was to recover $186.75 for rent of a store-house in Pine Bluff. Appellees admitted the pos•session and rental value as claimed, but set up a counterclaim for $290 damages, caused, as they allege, through the carelessness and negligence of the appellant in permitting “ water fixtures in an unoccupied closet, situated above the store-room which appellees rented, to be and remain defective and insufficient for the purpose of carrying off water, whereby it ran down upon the goods of appellees, to…
1Opinion of the CourtWood, J.
In the absence of a statute, or a covenant to repair, a landlord who rents the upper story of his building- containing a water closet, with water fixtures properly constructed and in good condition at- the time of the lease, and who gives to the tenant the exclusive possession and control thereof, is not liabie to a tenant of the lower story for damages caused by some defect in the water fixtures of said wafer closet, accruing during the term of said lease. The court erred in its charge. 2 Wood, Landlord & Tenant, sec. 381, note; Freidenburg v. Jones, 63 Ga. 612; Jones v. Freidenburg, 66 Ga.…
2Cases cited3 opinions
- Freidenburg & Co. v. JonesSupreme Court of Georgia · 1879
- Gocio v. DaySupreme Court of Arkansas · 1888
- Jones v. Freidenburg & Co.Supreme Court of Georgia · 1881
3Cited by11 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- North Little Rock Transportation Co. v. FinkbeinerSupreme Court of Arkansas · 1967
- Thomas v. StewartSupreme Court of Arkansas · 2001
- Baker v. AllenSupreme Court of Arkansas · 1899
- Propst v. McNeillSupreme Court of Arkansas · 1996
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