Brown v. Dwight Mfg. Co.
| Decision Date | 21 June 1917 |
| Docket Number | 7 Div. 886 |
| Citation | 76 So. 292,200 Ala. 376 |
| Parties | BROWN v. DWIGHT MFG. CO. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Etowah County; J.E. Blackwood, Judge.
Action by Myrtle Brown, pro ami, against the Dwight Manufacturing Company. Judgment for defendant, and plaintiff appeals. Affirmed.
J.M Miller, of Gadsden, for appellant.
Dortch Martin & Allen, of Gadsden, for appellee.
Plaintiff (appellant) sued defendant for damages, alleging in the several counts of her amended complaint as follows, in substance: That defendant had rented a certain dwelling house to her father, of whose family she was a member; that for many years prior to the rental aforesaid defendant had been accustomed to attend to dry closets which it had constructed and maintained for the occupants of its tenant houses including the house let to appellant's father; "that the custom of defendant to attend said closets had been so uniform and had existed for such a length of time as to make it the duty of defendant to attend said closets used by plaintiff and members of the family occupying said house;" that for the next three or four months defendant continued to care for "said closets," and then failed or refused to do so, as a proximate consequence of which "said closets" became offensive and unhealthy, and caused plaintiff to become sick, etc. The trial court sustained demurrers to the several counts of the amended complaint, whereupon plaintiff took a nonsuit reserving her appeal upon the record.
Though a landlord is bound to exercise diligence to prevent injury to the person or property of the tenant of one part of the premises by reason of the condition or use made by him of the other part (1 Tiff.Landl. & Ten. p. 622), in the absence of special stipulation, and apart from the results of latent defects, known to him and concealed from the tenant, the landlord is under no responsibility to his tenant as regards the condition of the leased premises at the time of the lease, nor is he under obligation afterwards to keep the premises in a condition satisfactory to the tenant. Anderson v. Robinson, 182 Ala. 615, 62 So. 512, 47 L.R.A. (N.S.) 330, Ann.Cas.1915D, 829; Hart v. Coleman, 192 Ala. 447, 68 So. 315; 1 Tiff. p. 574. "The lessee's eyes are his bargain." Moore v. Weber, 71 Pa. 429, 10 Am.Rep. 708.
The evident theory of the complaint is that plaintiff's lessor, the defendant, failed to keep the premises...
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Adler v. Miller
... ... Hallock v. Smith, 207 Ala. 567, 93 So. 588; ... Brown v. Dwight Mfg. Co., 200 Ala. 376, 76 So. 292, ... L. R. A. 1917F, 997; ... [120 So. 155] Moore ... ...
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Gulf Electric Co. v. Fried
... ... and remanded ... ANDERSON, ... C.J., and SAYRE, GARDNER, BOULDIN, and BROWN, JJ., concur ... FOSTER, ... J., not sitting ... THOMAS, ... J ... his bargain," Adler v. Miller [Ala.Sup.] 120 ... So. 153; Brown v. Dwight Mfg. Co., 200 Ala. 376, 76 ... So. 292, L.R.A.1917F, 997; Moore v. Weber, 71 Pa ... 429, 10 ... ...
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Prudential Ins. Co. of America v. Zeidler, 6 Div. 935
... ... averment--obtains in this jurisdiction. Dwight ... Manufacturing Co. v. Holmes, 198 Ala. 590, 73 So. 933; ... Alabama By-Products Corporation v ... bargain," Adler v. Miller, 218 Ala. 674, 120 ... So. 153, 154; Brown v. Dwight Mfg. Co., 200 Ala ... 376, 76 So. 292, L.R.A.1917F, 997; Moore v. Weber, ... 71 Pa ... ...
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