Charlie's Transfer Co. v. Malone
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Charlie’s Transfer Company against Mrs. S. C. Malone for damages to goods on account of defective water pipes. Judgment sustaining demurrers to the complaint, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Charlie’s Transfer Company against Mrs. S. C. Malone for damages to goods on account of defective water pipes. Judgment sustaining demurrers to the complaint, and plaintiff appeals. The complaint was as follows: “(1) Plaintiff claims of defendant the sum of $600 as damages, for that heretofore, to wit, plaintiff rented and leased out to défeñdant from October 1, 1904, to September 30, 1905, two storehouses on the grade floor of a building, said building being located in the city of Birmingliam, state of Alabama,…
1Opinion of the CourtDenson, J.
The plaintiff rented or leased from the defendant the ground-floor rooms, of a two-story building. Water pipes ran through the building for the purpose of conveying water to and from a closet or lavatory located in the rear end of the building on the second floor. One or more of the pipes burst, and as a consequence plaintiff’s goods, located in the rented rooms below, were flooded and damaged; hence this suit against the landlord. The doctrine seems to be well established, upon reason and authority, that a tenant takes leased premises in the condition in which they happen to be when leased,…
2Cases cited17 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Franklin v. . BrownNew York Court of Appeals · 1889
- Doupe v. . GeninNew York Court of Appeals · 1871
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3Cited by6 opinions
- Stallings v. Angelica Uniform Co.Supreme Court of Alabama · 1980
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Sterchi Bros. Stores, Inc. v. CastleberrySupreme Court of Alabama · 1938
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
- Martin v. Springdale Stores, Inc.Court of Civil Appeals of Alabama · 1978
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