Cunningham v. Goldenberg

Superior Court of Rhode Island

Cunningham v. Goldenberg

6 R.I. Dec. 136

CourtSuperior Court of Rhode Island

DecidedApril 29, 1930

DocketNo. 83075

StatusPublished

This text of 6 R.I. Dec. 136 (Cunningham v. Goldenberg) is published on Counsel Stack Legal Research, covering Superior Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. Goldenberg, 6 R.I. Dec. 136 (R.I. Ct. App. 1930).

Pincite

Opinion

BLODGETT, P. J.

Heard upon demurrer to declaration.

Declaration alleges a duty of defendant, owner of the premises rented to plaintiff from month to month, to keep the outer steps of the same in repair. Plaintiff claims to have been injured owing to lack of repair.

Defendant demurs on the ground that no such duty devolves upon him.

The declaration contains no allegation of any express agreement on part of defendant to keep the premises in repair.

“It is well settled law that there is no implied warranty on the part of the landlord that the premises let by him are suitable for the purpose for which they are hired.”

For plaintiff: Fergus J. McOsker. For defendant: Hinckley, Allen, Til-linghast, Phillips & Wheeler.

Whitehead vs. Comstock Co., 25 R. I. 425.

Demurrer sustained.

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