Legal Opinion

Fleischner v. Citizens' Investment Co.

Oregon Supreme Court

Decided December 26, 1893PublishedCited by 36 opinions

Appeal from Multnomah: L. B. Stearns, Judge. This is a suit by L. Fleischner against the Citizens’ Beal Estate & Investment Company to restrain the defendants from maintaining a private nuisance, and for the recovery of the damages resulting therefrom.

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Appeal from Multnomah: L. B. Stearns, Judge. This is a suit by L. Fleischner against the Citizens’ Beal Estate & Investment Company to restrain the defendants from maintaining a private nuisance, and for the recovery of the damages resulting therefrom. The facts show that the plaintiff is the owner of lots five, six, and seven, in block twenty, as shown upon the recorded plat of the city of Portland, and that the defendant, the Citizens’ Beal Estate & Investment Company, a private corporation, is the owner of lot eight in said block, which joins plaintiff’s property on the north. On September…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

1. The appellant contends that the execution of the 1 lease on December fourteenth, eighteen hundred and ninety-one, was not a reletting of the premises, and that it *126is not liable for any of the damages sustained by plaintiff. The authorities are uniform in holding that a landlord out of possession is not responsible for a nuisance occurring after the execution of the lease, unless he is in some manner at fault for its creation or continuance: Wolf v. Kilpatrick, 101 N. Y. 146, 54 Am. Rep. 672, 4 N. E. 188. When the landlord has not covenanted to keep the premises…

2Cases cited11 opinions

  1. Fisher v. ThirkellMichigan Supreme Court · 1870
  2. Wolf v. . KilpatrickNew York Court of Appeals · 1886
  3. Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
  4. Phipps v. KellyOregon Supreme Court · 1885
  5. Powell v. Dayton, Sheridan & Grand Ronde R. R.Oregon Supreme Court · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. 1920 Studebaker Touring CarOregon Supreme Court · 1926
  2. Raymond v. FlavelOregon Supreme Court · 1895
  3. Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
  4. Bishop v. BaisleyOregon Supreme Court · 1895
  5. Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936

31 more not listed; retrieve them via the Exa API.

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