Clay v. El Dorado Hotel Co.
Supreme Court of Arkansas
Appeal from Union Circuit Court; G. W. Smith, Judge; The court erred in refusing to give appellant’s requested instruction No. 2, to the effect that it was the duty of appellee, the landlord, to construct and maintain the coal hole on his leased premises in a safe condition. 82 S. E. 363; volume 6 N. C. C. A. 455. Appellee’s instruction No. 1 was not applicable.
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Appeal from Union Circuit Court; G. W. Smith, Judge; The court erred in refusing to give appellant’s requested instruction No. 2, to the effect that it was the duty of appellee, the landlord, to construct and maintain the coal hole on his leased premises in a safe condition. 82 S. E. 363; volume 6 N. C. C. A. 455. Appellee’s instruction No. 1 was not applicable. An owner who constructs a vault under the highway in front of his premises, which from its condition or construction is dangerous, is liable for injuries, sustained by a passerby, although the premises were leased to a tenant, by…
1Opinion of the CourtHart, J.
This is an action brought by Ollie Clay against El Dorado Hotel Company to recover damages received by falling into a scuttle or coal hole in the sidewalk in the town of El Dorado, Arkansas, next to the hotel, of which the defendant was the owner. The facts are practically undisputed and are substantially as follows:
The El Dorado Hotel Company is the owner ¡of a tall building situated in the city of El Dorado, Arkansas. In January, 1915, the hotel company leased the building for hotel purposes to T. P. ¡and A. B. Marks, reserving to itself two store rooms on the ground floor of the building.…
2Cases cited4 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Hill v. HayesMassachusetts Supreme Judicial Court · 1908
- Frischberg v. HurterMassachusetts Supreme Judicial Court · 1899
3Cited by2 opinions
- Lyman v. HermannSupreme Court of Minnesota · 1938
- American Building & Loan Ass'n v. StateSupreme Court of Arkansas · 1921