Dier v. Mueller
Montana Supreme Court
. Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by Antonia Dier against W. H. Mueller. 'Judgment for defendant and plaintiff appeals.
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. Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by Antonia Dier against W. H. Mueller. 'Judgment for defendant and plaintiff appeals. Upon-this appeal there is but one question involved, namely: What is the liability of a landlord to a tenant, or a member of the family of a tenant, where said tenant, or a member of his family, is injured as a result of the defective condition of the premises leased? The better reasoned cases, and the ones more in accord with law and justice, hold that in an action such as this, the landlord is liable for the amount of damages…
1Opinion of the CourtChief Justice Beantly
This is an appeal from a final judgment in favor of defendant rendered after an order sustaining his demurrer to plaintiff’s complaint. The averments of the complaint may be epitomized as follows:
The plaintiff and her husband were tenants of the defendant, occupying the property at No. 623 South Idaho Street, in Butte. These premises consist of a one-story brick dwelling-house of four rooms with a porch, and the lot upon which it is situated. The porch is about two feet above the ground, and was used by the plaintiff and other members of the family as occasion or necessity required. The…
2Cases cited4 opinions
- Van Every v. OggCalifornia Supreme Court · 1881
- Sieber v. BlancCalifornia Supreme Court · 1888
- Callahan v. LoughranCalifornia Supreme Court · 1894
- Bush v. BakerMontana Supreme Court · 1915
3Cited by10 opinions
- Corrigan v. JanneyMontana Supreme Court · 1981
- Lavery v. BriganceSupreme Court of Oklahoma · 1925
- Young v. BeattieSupreme Court of Oklahoma · 1935
- Lake v. EmighMontana Supreme Court · 1946
- Noe v. CameronMontana Supreme Court · 1922
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