Bains v. Dank
Supreme Court of Alabama
Appeal from Birmingham- City Court. Heard before Hon. John C. Pugh. Action by Sarah Dank against H. L. Bains. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham- City Court. Heard before Hon. John C. Pugh. Action by Sarah Dank against H. L. Bains. From a judgment for plaintiff, defendant appeals. Transferred from Court, of Appeals under section 6, Acts 1911, p. 450. .In the first count of the complaint the plaintiff (appellee here) sought recovery of damages for injury to her personal property, and also to her person, occasioned by a rainfall through the roof of the house she occupied in the city of Birmingham. The count alleged that the defendant was the agent in charge of said house and in having it repaired he “negligently…
1Opinion of the Court
GARDNER, J.(1) It is a well-recognized rule in this state that, in the absence of any agreement between the parties, the landlord is under no obligation to keep the demised premises in repair, and that the rule of caveat emptor applies in regard to leases. — Morgan v. Sheppard, 156 Ala. 403, 47 South. 147; Hart v. Coleman, 192 Ala. 447, 68 South. 315; Anderson v. Robinson, 182 Ala. 615, 62 South. 512, 47 L. R. A. (N. S.) 330, Ann. Cas. 1915D, 829.(2) In the present case no agreement on the part of the landlord to keep the premises in repair is shown to have existed, and none was set up in the…
2Cases cited10 opinions
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Morgan v. SheppardSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cairnes v. Hillman Drug Co.Supreme Court of Alabama · 1926
- Hart v. ColemanSupreme Court of Alabama · 1917
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Oscar Ruff Drug Co. v. Western Iowa Co.Supreme Court of Iowa · 1921
- Spangler v. HobsonSupreme Court of Alabama · 1924
11 more not listed; retrieve them via the Exa API.