Thompson v. Moran

• Decision Date: 21 March 1932
• Docket Number: 13,975
• Citation: 19 La.App. 343,140 So. 291
• Court: Court of Appeal of Louisiana — District of US
• Parties: THOMPSON v. MORAN ET AL

140 So. 291

19 La.App. 343

THOMPSON v. MORAN ET AL

No. 13,975

Court of Appeals of Louisiana, Orleans

March 21, 1932

Appeal from the Civil District Court, Parish of Orleans, Division "D". Hon. Walter L. Gleason, Judge.

Action by Carrie Thompson against Frank Moran et al.

There was judgment for defendants, and plaintiff appealed.

Judgment reversed and rendered.

Normann McMahon & Breckwoldt, of New Orleans, attorneys for plaintiff, appellant.

Sam J Tennant, Jr., of New Orleans, attorney for defendants appellees.

OPINION

HIGGINS, J.

Plaintiff brought this action claiming damages for loss of wages, medical expenses, and personal injuries alleged to have been sustained as a result of vices and defects in the premises which she leased from defendant. The petition alleges that on May 22, 1930, while going from her room on the second floor to a lavatory situated in the rear on the same floor, plaintiff's right leg went through the flooring of the gallery due to its rotten and decayed condition, causing the injuries complained of.

The defendants admit that the plaintiff was a tenant in the building, but denied that she was injured as alleged, and averred that, if she were injured, she had not sustained the injuries while on the leased premises; and, in the alternative, in the event that she was injured as she claims, she was guilty of contributory negligence in going upon the gallery after having been warned that it was in a dangerous condition and not safe to use.

There was judgment in favor of defendants dismissing the suit, and plaintiff has appealed.

The record shows that plaintiff had been occupying a room in defendants' premises, paying a rental of $ 1 per week; that her room was on the second floor of the building; that in order to go to the lavatory it was necessary to use a side porch; that prior to May 22, 1930, the day of the accident, defendants had discovered the hole in the gallery floor, and had given their representative money to make the necessary repairs; that the representative placed over the hole a marble slab measuring 12" x 18"; that plaintiff, in going to get a pitcher of water, was compelled to use the gallery, and, while walking on it, her right leg, up to her knee, went through one of the boards due to its decayed and rotten condition, causing her to fall backwards; that she was assisted into the house and the Charity Hospital ambulance summoned; and that she was taken to the hospital, where her injuries were administered to and then brought home by her sister in a taxicab.

The law is well settled that a landlord is responsible for injuries sustained by his tenant because of vices or defects in the premises, whether or not he had actual knowledge of the damaged condition of the premises. R. C. C. arts. 670, 2315, 2322, 2693-2695; Klein v. Young, 163 La. 59, 111 So. 495; Lasyone v. Zenoria Lumber Co., 163 La. 185, 111 So. 670; Ciaccio v. Carbajal, 142 La. 125, 76 So. 583; Boutte v. N. O. Terminal Co., 139 La. 945, 72 So. 513; Schoppel v. Daly, 112 La. 201, 36 So. 322; Glain v. Sparandeo, 119 La. 339, 44 So. 120.

It is also clear that the law places the burden of proving the case by a preponderance of the evidence upon the plaintiff in such matters. From the testimony of plaintiff, her sister, and defendants' witnesses and the photographs offered in evidence, it is conclusively shown that the flooring of the gallery was in a decayed and unsafe condition. In fact, defendants admit that they were apprised of the hole in the flooring and had authorized its repair, but, for more than a week after their instructions had been given, their representative had neglected to repair it. We have no difficulty in coming to the conclusion that the gallery was in an unsafe and defective condition.

The next question is: Did the plaintiff's leg go through the flooring? She is the only witness who testified to that effect, but her evidence is corroborated by her sister, who also testified in...