Franklin v. Tracy
Court of Appeals of Kentucky
Case- 30 — 'Action by Fannie Franklin against Mattie L. Tracy for Damage to Plaintiff’s Property by the Collapse of a ¿Rented House. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Piaintiff Appeals.
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Case- 30 — 'Action by Fannie Franklin against Mattie L. Tracy for Damage to Plaintiff’s Property by the Collapse of a ¿Rented House. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Piaintiff Appeals. POINTS 'AND AUTHORITIES. 1. A landlord is liable to bis tenant for such defects and dangers as are in existence when the lease is made, and which he knew of, or could have known of, by the exercise of ordinary care, and which the tenant did not know of, and could not have known of, by the exercise of ordinary care. 2. Actual knowledge of the defect on the…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirmino.
The appellant, Fannie Franklin, instituted this action in the Jefferson circuit court “to recover damages for injury to her property caused by the collapse of a house belonging to appellee, which she had rented, and which contained the injured property at the time of the collapse. The petition states that the appellant rented the house — being No. 633 Center street, in Louisville, Ky.—on the 20th day of July, 1900, from the Columbia Finance & Trust Company, which was the agent for that purpose, of its owners, Mattie L. Tracy and Susie B. Tracy;…
2Cases cited3 opinions
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Coke v. GutkeseCourt of Appeals of Kentucky · 1883
- Battres v. HeissCourt of Appeals of Kentucky · 1881
3Cited by27 opinions
- Holzhauer v. SheenyCourt of Appeals of Kentucky · 1907
- Home Realty Co. v. CariusCourt of Appeals of Kentucky · 1920
- Miles v. ShaunteeKentucky Supreme Court · 1983
- Fraser v. KrugerCourt of Appeals for the Eighth Circuit · 1924
- Richmond v. Standard Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1927
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