King v. Smith

(After stating the foregoing facts.) 1. Where, upon a former trial of a suit in a municipal court by a tenant against a landlord, for injuries to personal property on the rented premises, under a petition alleging that the injury was caused not only by negligence, but by the wilful and wanton acts and neglect of the defendant landlord and his agent, a nonsuit was granted, under a lease provision exempting the landlord from liability for property damage and from negligence, and upon certiorari the superior court entered a judgment remanding the cause for retrial merely for the reason stated…