Fagan v. West Whitcomb

Opinion by

White, P. J.

§ 27. Landlord and tenant; measure of damages for injury to premises. One of the items claimed by the plaintiff in the account sued upon was “to damages to said Whitcomb’s farm and premises, $75.50.” To prove this item, plaintiff was permitted, over objection of defendant, to ask his witness what it would be worth to repair the farm and put it in the same condition as when the defendant, Fagan, as Whitcomb’s tenant, went on the place. It is insisted that such evidence did not establish a proper measure of damages in an action by a landlord against a tenant for injury to…