Good v. Hemert

• Decision Date: 19 May 1911
• Docket Number: 17,113 - (146.)
• Citation: 131 N.W. 466,114 Minn. 393
• Parties: LOUISA J. GOOD v. A. E. VON HEMERT
• Court: Minnesota Supreme Court

131 N.W. 466

114 Minn. 393

LOUISA J. GOOD v. A. E. VON HEMERT

Nos. 17,113 - (146.)

Supreme Court of Minnesota

May 19, 1911

Action in the district court for Ramsey county to recover $5,300 for personal injuries. The complaint alleged that under the terms of a certain lease made between the parties, it was the duty of defendant to maintain and keep the premises, and particularly a certain porch, railings and guards in good repair, but that she failed to do so. The answer admitted that plaintiff was a member of the Pederson family, who were occupying his premises as tenants, and that she fell from the porch and was injured, but denied any knowledge as to the extent of her injuries. The case was tried before Bunn, J and a jury which returned a verdict in favor of plaintiff for $3,350. From an order denying defendant's motion for a new trial, she appealed. Affirmed.

SYLLABUS

Negligence of landlord in making repairs.

Where a landlord agrees with his tenant to repair leased premises, in consideration of a continuance of the lease, and his negligence in making the repairs results in making the premises unsafe, he is liable for injuries caused thereby to the lessee, if the lessee is free from contributory negligence.

Promise to repair -- consideration.

An agreement by a tenant to continue as a tenant from month to month is a sufficient consideration for a promise by the landlord to repair the premises.

How Butler & Mitchell, for appellant.

Price Wickersham, for respondent.

OPINION

LEWIS, J.

For several years prior to May, 1909, plaintiff's father occupied a flat belonging to defendant under a written lease and plaintiff lived with him as his housekeeper. Subsequent to that time they remained as tenants from month to month under an oral agreement. Defendant was a nonresident, and W. C. Read was her resident agent. In the latter part of May plaintiff called Mr. Read's attention to the condition of the house, and told him that they would move out unless he would make all necessary repairs. He agreed to do so, and in consideration of the promise they remained. Soon thereafter Mr. Read caused the house to be repaired, including the front porch and a railing on one side of it. The railing was about waist high and four and one-half feet long. Two months after the repairs were made, while plaintiff was shaking a rug over the railing, it gave way, causing her to fall five feet to the ground. She...