Mullinax v. Cook

Felton, Chief Judge.

Although the landlord, after knowledge or notice that the premises were out of repair, might have been liable to the tenant for injuries sustained by the tenant as a result of his neglect to -make repairs within a reasonable time, it was the tenant’s duty to abstain from using that part of the rented premises the use of which would be attended with danger, and, if it affirmatively appears from the petition that the tenant voluntarily used the portion of the premises which he knew to be dangerous under the alleged existing and apparent conditions, such conduct was a failure…