Cowen v. Sunderland
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling into a cesspool upon premises owned by the defendant, and occupied by the plaintiff as a tenant at will. Trial in the Superior Court, before Hammond, J., who ruled, as requested by the defendant, that there was no evidence which would authorize a verdict for the plaintiff; directed a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court.
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Tort for personal injuries occasioned to the plaintiff by falling into a cesspool upon premises owned by the defendant, and occupied by the plaintiff as a tenant at will. Trial in the Superior Court, before Hammond, J., who ruled, as requested by the defendant, that there was no evidence which would authorize a verdict for the plaintiff; directed a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling and direction were wrong, the verdict was to be set aside; otherwise, judgment to be entered on the verdict. The facts…
1Opinion of the CourtDevens, J.
It is a general rule, well established by the decisions of this court, that the lessee takes an estate in the premises hired, and takes the risk of the quality of the premises, in the absence of an express or implied warranty by the lessor, or of deceit. If, therefore, he is injured by reason of the unsafe condition of the premises hired, he cannot ordinarily maintain an action, in the absence of such warranty or of misrepresentation. The rule of caveat emptor applies, and it is for the lessee to make the examination necessary to determine whether the premises he hires are safe, and adapted…
2Cases cited1 opinion
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
3Cited by60 opinions
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Willcox v. HinesTennessee Supreme Court · 1898
- Mesher v. OsborneWashington Supreme Court · 1913
- Stumpf v. LelandMassachusetts Supreme Judicial Court · 1922
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