Eblin v. Miller's ex'r
Court of Appeals of Kentucky
Case 74 ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 'The unsafe condition of the premises, the knowledge of the fact on the part of appellee, his promise to repair, his undertaking the work, the careless and unskillful manner of doing it, and the injury to appellant, are alleged. There is abundant authority that the motion in arrest ■of judgment should not have been granted.
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Case 74 ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 'The unsafe condition of the premises, the knowledge of the fact on the part of appellee, his promise to repair, his undertaking the work, the careless and unskillful manner of doing it, and the injury to appellant, are alleged. There is abundant authority that the motion in arrest ■of judgment should not have been granted. (Wharton on Neg., sec. 792; 2 Robinson’s Prac., 395; McGee v. Bast, 6 J. J. Mar., 455; Wheat. Sel., vol. I, 33; Ibid, 304; 2 Johnson’s Cases, 95; Ld. Raymond, 919; 8 Burr., 416; 105 Mass., 478; Proctor v. Keith,…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant alleged, in substance, that he occupied certain premises as tenant of R. N. Miller; that he rented and *372paid rent by the month; that a stairway leading to a back, porch on the premises was out of repair in consequence of natural wear and tear and the decaying of the timbers; that, he notified Miller that he would abandon the premises and cease to be his tenant unless he (Miller) would repair the-stairway; that Miller promised to have it repaired; that he - would send a man to make the repairs, and relying upon that promise, he…
2Cases cited1 opinion
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Wallace v. CookCourt of Appeals of Kentucky · 1921
- Morgan v. SheppardSupreme Court of Alabama · 1908
- Boyd v. McCartyTennessee Supreme Court · 1919
- King & Metzger v. CassellCourt of Appeals of Kentucky · 1912
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