Legal Opinion

Zeininger v. Preble

Wisconsin Supreme Court

Decided January 11, 1921PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The plaintiff was a tenant from month to month of apartment No. 16, No. 206 Ninth street, in the city of Milwaukee. The- plaintiff’s apartment was situated on -the fourth floor, and at the rear opened on a porch which was used as a common passageway by the plaintiff and other tenants.

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Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The plaintiff was a tenant from month to month of apartment No. 16, No. 206 Ninth street, in the city of Milwaukee. The- plaintiff’s apartment was situated on -the fourth floor, and at the rear opened on a porch which was used as a common passageway by the plaintiff and other tenants. The building in which the plaintiff’s apartment was situated contained in all thirty-five apartments. The porch in question was at the rear and extended north and south. At either end of the porch was a stairway…

1Opinion of the CourtRosenberry, J.

The main contention of the defendant here is that a landlord is not liable to a tenant for injuries' resulting from a lack of repairs unless he has expressly contracted to repair or unless the defect is a concealed one known to the landlord and not disclosed to the tenant arid not discoverable by the latter, by the use o.f that degree of care which the law demands, citing Cole v. McKey, 66 Wis. 500, 29 N. W. 279; Dowling v. Nuebling, 97 Wis. 350, 72 N. W. 871; Fellows v. Gilhuber, 82 Wis. 639, 52 N. W. 307; Kurtz v. Pauly, 158 Wis. 534, 149 N. W. 143; and Anderson v. Hayes, 101 Wis. 538, 77…

2Cases cited8 opinions

  1. Cole v. McKeyWisconsin Supreme Court · 1886
  2. Besnys v. Herman Zohrlaut Leather Co.Wisconsin Supreme Court · 1914
  3. Hommel v. Badger State Investment Co.Wisconsin Supreme Court · 1917
  4. Anderson v. HayesWisconsin Supreme Court · 1899
  5. Fellows v. GilhuberWisconsin Supreme Court · 1892

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

3Cited by8 opinions

  1. Holcomb v. SzymczykWisconsin Supreme Court · 1925
  2. Washburn v. SkoggWisconsin Supreme Court · 1931
  3. Grossenbach v. Devonshire Realty Co.Wisconsin Supreme Court · 1935
  4. Gobar v. Val. Blatz Brewing Co.Wisconsin Supreme Court · 1923
  5. Hanlon v. St. Francis SeminaryWisconsin Supreme Court · 1953

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

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