Gill v. Middleton
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the female plaintiff through falling into the vault of a privy. At the trial in the superior court, before Pitman, J., these facts appeared : John Gill and his wife were occupying a tenement in Lawrence, which he hired of the defendant, and to which the privy was attached. The privy was out of repair, and the plaintiffs requested the defendant to put it in repair.
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Tort for personal injuries sustained by the female plaintiff through falling into the vault of a privy. At the trial in the superior court, before Pitman, J., these facts appeared : John Gill and his wife were occupying a tenement in Lawrence, which he hired of the defendant, and to which the privy was attached. The privy was out of repair, and the plaintiffs requested the defendant to put it in repair. He said that he would do so, and accordingly made some repairs on it, himself, with the aid of a common laborer; and, after finishing them, he told Mrs. Gill that he had made it safe, so that…
1Opinion of the CourtAmes, J.
In the ordinary contract between landlord and tenant, there is no implied warranty on the part of the former that the demised premises are in tenantable condition. He is under no obligation to make repairs, unless such a stipulation makes a part of the original contract; and any promise to do so, founded merely on the. relation of the parties, and not one of the conditions of the lease, would be without consideration, and for that reason would create no liability. But although a gratuitous ex-ecutory (ontract of that kind would not be binding upon him, he would place himself in a very…
2Cases cited2 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Thorne v. DeasNew York Supreme Court · 1809
3Cited by83 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Marks v. Nambil Realty Co., Inc.New York Court of Appeals · 1927
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
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