Salter v. . Gordon

157 S.E. 11, 200 N.C. 381, 1931 N.C. LEXIS 332

• Court: Supreme Court of North Carolina
• Decided: February 18, 1931
• Status: Published

Opinion

Pee Cukiam.

Tbe defendant owned a building in Norfolk, Virginia, wbieb bad been rented by tbe plaintiff’s busband as sublessee. On tbe second story there was a balcony from wbieb tbe plaintiff fell to tbe pavement, sustaining personal injury. Sbe brought suit for damages, alleging that her fall was due to tbe negligence of the defendant in failing to keep the railing on tbe balcony in a reasonably safe condition. At tbe close of tbe plaintiff’s evidence tbe action was dismissed as in case of nonsuit.' Tbe plaintiff excepted and appealed.

A sublessee can have no greater claim against tbe landlord than tbe tenant would have under like circumstances. Jordan v. Miller, 179 N. C., 73. In tbe absence of an agreement as to repairs tbe landlord is not obligated to beep tbe building in repair for tbe benefit of bis tenant. Improvement Co. v. Coley-Bardin, 156 N. C., 255; Fields v. Ogburn, 178 N. C., 407; Tucker v. Yarn Mill Co., 194 N. C., 756. Tbe record contains no evidence of tbe landlord’s agreement to make repairs. Judgment

Affirmed.