Legal Opinion

Hallock v. Smith

Supreme Court of Alabama

Decided April 27, 1922No. 6 Div. 652PublishedCited by 14 opinions

1Opinion of the CourtSayre, J.

Appellee declared against appellant in an action for damages on account of a personal injury. The report sets out count 1 of the complaint. Count 2 requires no special attention.

As to the tenant, his guests, servants, or others entering under his title— including the plaintiff in this case — in the absence of a covenant to repair, the landlord, according to the common law, is liable only for injuries resulting from latent defects, known to him at the time of the leasing, and which he conceals from the tenant. This rule is well established in this jurisdiction. Morgan v. Shappard, 156 Ala.…

2Cases cited5 opinions

  1. Boutte v. New Orleans Terminal Co.Supreme Court of Louisiana · 1916
  2. Anderson v. RobinsonSupreme Court of Alabama · 1913
  3. Morgan v. SheppardSupreme Court of Alabama · 1908
  4. Hart v. ColemanSupreme Court of Alabama · 1915
  5. Brown v. Dwight Mfg. Co.Supreme Court of Alabama · 1917

3Cited by14 opinions

  1. Dunson v. FRIEDLANDER RLTY.Supreme Court of Alabama · 1979
  2. Adler v. MillerSupreme Court of Alabama · 1928
  3. Thompson v. City of BirminghamSupreme Court of Alabama · 1928
  4. Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
  5. Sterchi Bros. Stores, Inc. v. CastleberrySupreme Court of Alabama · 1938

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