Haizlip v. Rosenberg
This text of 39 S.W. 60 (Haizlip v. Rosenberg) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the absence of a statute, or a covenant to repair, a landlord who rents the upper story of his building- containing a water closet, with water fixtures properly constructed and in good condition at- the time of the lease, and who gives to the tenant the exclusive possession and control thereof, is not liabie to a tenant of the lower story for damages caused by some defect in the water fixtures of said wafer closet, accruing during the term of said lease. The court erred in its charge. 2 Wood, Landlord & Tenant, sec. 381, note; Freidenburg v. Jones, 63 Ga. 612; Jones v. Freidenburg, 66 Ga. 505; 1 Taylor, Landlord & Tenant, sec. 172, 175a; Gocio v. Day, 51 Ark. 46; and authorities' cited in brief for appellant.
Reversed and remanded for a new trial.
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Cite This Page — Counsel Stack
39 S.W. 60, 63 Ark. 430, 1897 Ark. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haizlip-v-rosenberg-ark-1897.