Coke v. Gutkese
Court of Appeals of Kentucky
Case 108 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT' COURT. The floor of the privy was, o£ course, covered. The averment is that appellee knew it was in an unsafe and dangerous condition, andappellee knew it, and failed to inform appellant’s father.
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Case 108 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT' COURT. The floor of the privy was, o£ course, covered. The averment is that appellee knew it was in an unsafe and dangerous condition, andappellee knew it, and failed to inform appellant’s father. Clearly ' she has her action for the injury she has sustained- (Addison on: Torts, chap. 4, sec. 2.) 1. Appellant’s father having rented the property and taken possession, was bound to make all necessary repairs, and if there was negligence, it is his. 2. Although the defect in the privy floor existed at the renting, it was the duty of the tenant at…
1Opinion of the CourtChief Justice Hargis
' This was an action for damages resulting to the appellant by reason of a defective privy floor, through which she fell! into the vault below it.
The petition, which was filed by her next friend, who is; her father, alleges, in substance, that the father rented of the appellee the premises on which the privy is situated foir *599one year, and at the time he rented the appellee knew the timbers upholding the floor were defective, rotten, and dangerous, but suppressed Ins knozvlcdge of its condition from the father; that neither she nor her father could discover the dangerous condition of the privy…
2Cited by21 opinions
- Mesher v. OsborneWashington Supreme Court · 1913
- Holzhauer v. SheenyCourt of Appeals of Kentucky · 1907
- Sunasack v. MoreyIllinois Supreme Court · 1902
- Franklin v. TracyCourt of Appeals of Kentucky · 1904
- Morgan v. SheppardSupreme Court of Alabama · 1908
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