Russell v. Little
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damage. Judgment for plaintiff. Defendant appeals.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damage. Judgment for plaintiff. Defendant appeals. Where there are no covenants to repair in a lease, the landlord is not liable upon contract or quasi contract for damages to the tenant’s goods or person resulting from a defective condition of the demised premises; but such liability, where it exists, arises solely from negligence, and such negligence must be affirmative and positive — not merely the negative negligence or failure to repair, but positive misfeasance. (Jones…
1Opinion of the CourtAilshie, J.
The respondent, who was plaintiff in the lower court, commenced her action for the recovery of damages for loss óf a stock of merchandise caused by fire, and procured a judgment for the sum of $800. The defendant appealed.
The plaintiff had been the defendant’s tenant for some months, occupying a room on the first floor or street grade, in which she had a stock of millinery goods and was conducting her business. The building in which plaintiff was engaged in business was rented to various tenants, and the landlord, the defendant herein, had control of certain rooms in the basement, in which he…
Also in this document: Concurrence.
2Cases cited15 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Hines v. WillcoxTennessee Supreme Court · 1896
- City of Cincinnati v. EvansOhio Supreme Court · 1855
- Ward v. FaginSupreme Court of Missouri · 1890
- Franklin v. TracyCourt of Appeals of Kentucky · 1904
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3Cited by6 opinions
- Brauner v. SnellIdaho Supreme Court · 1922
- Worden v. OrdwayIdaho Supreme Court · 1983
- Nelson v. OversmithIdaho Supreme Court · 1949
- Pennyroyal Company v. JordanCourt of Appeals of Kentucky (pre-1976) · 1929
- Duthie v. HaasIdaho Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.