Thompson v. Clemens
Court of Appeals of Maryland
Appeal from the Court,of Common Pleas (Harlan, C. J.) The Court placed its decision on the ground of contributory negligence, which it stated was sufficient in law to preclude a recovery. In answer to this the appellant says: i.
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Appeal from the Court,of Common Pleas (Harlan, C. J.) The Court placed its decision on the ground of contributory negligence, which it stated was sufficient in law to preclude a recovery. In answer to this the appellant says: i. The question of contributory negligence was not before the Court. 2, The facts do not show such contributory negligence as would justify the Court in taking the case from the jury. 3. The appellee by his second promise of May 28th, assumed all risk from the condition of the porch. In the original letting the appellee promised to make needed repairs. When he was later…
1Opinion of the CourtBoyd, J.
The appellant sued the appellee for injuries sustained by her in falling through the floor of a porch attached to a house rented by her husband from the appellee. The declaration alleges that the defendant had promised “ to keep and maintain the premises in good, safe and perfect condition,” and that the porch, on account of its defective condition, known to the defendant and of which he had been specifically notified, and which he had in consideration of further payment of rent promised to repair, but negligently failed to do so, gave way so that the plaintiff fell through the opening and…
2Cases cited14 opinions
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Perez v. RabaudTexas Supreme Court · 1890
- Campbell v. Portland Sugar Co.Supreme Judicial Court of Maine · 1873
- Lawson v. PriceCourt of Appeals of Maryland · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Mesher v. OsborneWashington Supreme Court · 1913
- State of Maryland v. Manor Real Estate & Trust Co.Court of Appeals for the Fourth Circuit · 1949
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
39 more not listed; retrieve them via the Exa API.