Legal Opinion · Dissent

Livingston v. Essex Investment Co.

Supreme Court of North Carolina

Decided April 30, 1941Published

1DissentBarNhill, J.

There is sufficient evidence in the record tending to show that the defendant, through its agent, at the time it leased the residence to plaintiff’s husband, contracted to make repairs, including repairs to the steps. There is also evidence that the defendant undertook to comply with this agreement and did, in fact, through a contractor employed by it, make repairs to steps, as well as to the dwelling.

The steps from which plaintiff fell are not steps to the residence. The residence is located upon a lot, the elevation of which is above the street level. The steps to which reference is made…

2Cases cited12 opinions

  1. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  2. Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
  3. Cromwell v. AllenAppellate Court of Illinois · 1909
  4. Kohnle v. PaxtonSupreme Court of Missouri · 1916
  5. Jordan v. . MillerSupreme Court of North Carolina · 1919

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