Howell v. Schneider
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiffs from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict directed by tbe court in an action to recover damages for personal injuries.
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Hearing on an appeal by tbe plaintiffs from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict directed by tbe court in an action to recover damages for personal injuries. Tbe Court in tbe opinion stated tbe case as follows: Tbe appellants, Frank A. Howell and bis wife, Maggie A. Howell, brought tbis action against Ferdinand T. Schneider and Jane Schneider, individually, and as executors of tbe estate of Louis H. Schneider, deceased, and against David Moore, and William A. Hill, partners, under the name of Moore & Hill, to recover damages for serious injuries sustained…
1Opinion of the CourtChief Justice Shepard
1. There is no covenant in the contract of lease which the lessees accepted in this case, and the law is well settled that there is no implied warranty in the letting of a house that it is safe and fit for occupation. Doyle v. Union P. R. Co. 147 U. S. 413, 423, 37 L. ed. 223, 228, 13 Sup. Ct. Rep. 333. In the absence of an express warranty the rule of caveat emptor applies, and it is for the lessee to make the examination necessary to determine whether the premises are in safe condition and adapted to the purposes of his occupation. Doyle v. Union P. R. Co. 147 U. S. 413, 423, 37 L. ed. 223,…
2Cases cited11 opinions
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
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3Cited by4 opinions
- Kendall v. Gore Properties, Inc.Court of Appeals for the D.C. Circuit · 1956
- Carusi v. SchulmerickCourt of Appeals for the D.C. Circuit · 1938
- Hariston v. Washington Housing Corp.District of Columbia Court of Appeals · 1946
- Kendall v. Gore PropertiesCourt of Appeals for the D.C. Circuit · 1956