Morgan v. Sheppard
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. A. A. Coleman, Action for Sallie S. Morgan against Frank G. Sheppard for injuries received on leased premises owned bv defendant. From a judgment for defendant, plaintiff appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard, before Hon. A. A. Coleman, Action for Sallie S. Morgan against Frank G. Sheppard for injuries received on leased premises owned bv defendant. From a judgment for defendant, plaintiff appeals. The substance of the counts discussed in the opinion are sufficiently set out therein, except the fifth count, which is as follows: “Plaintiff claims of defendant $10,000 as damages, for that heretofore, to wit, on the 11th day of December, 1903, defendant owned a certain house and steps connected therewith, to wit, 1038 North Nineteenth street, which house and…
1Opinion of the CourtAnderson, J.
“At common law it was the well-settled rule that, in the absence of any agreement between the parties, the landlord Avas under no obligation to his tenant to keep the demised premises in repair. The rule of caveat emptor applies in regard to leases, and the landlord is not even under an implied obligation to remedy defects in the demised premises existing at the time of the demise. It folioAvs, therefore, that, in the absence of any agreement on the part of the landlord to repair, a tenant cannot recover from the landlord the cost of repairs made by him; nor can the tenant recoArer from the…
2Cases cited17 opinions
- Hines v. WillcoxTennessee Supreme Court · 1896
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Purcell v. EnglishIndiana Supreme Court · 1882
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Fraser v. KrugerCourt of Appeals for the Eighth Circuit · 1924
- Bailey v. KellySupreme Court of Kansas · 1912
- Bains v. DankSupreme Court of Alabama · 1917
22 more not listed; retrieve them via the Exa API.