Lacey v. Deaton
Decision Date | 22 March 1934 |
Docket Number | 6 Div. 519. |
Citation | 228 Ala. 368,153 So. 650 |
Parties | LACEY v. DEATON. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge.
Action for damages by Jeffie Lee Deaton against J. E. Lacey.From a judgment for plaintiff, defendant appeals.
Transferred from Court of Appeals under section 7326, Code of 1923.
Affirmed.
G. P Benton, of Fairfield, for appellant.
Fred G Koenig, of Birmingham, for appellee.
The suit was for personal injuries caused by the falling of plastering on plaintiff-the tenant-from the ceiling of a rented house belonging to defendant.Plaintiff charged that the defective and unsafe condition was not known to her, was not obvious; that it was concealed and not to be discovered by the exercise of ordinary care.
The verdict and judgment went for plaintiff.
It is the general rule, that while a landlord does not impliedly warrant the safety of the premises, or that they are fit for the purpose for which they are rented, if he conceals or fails to disclose to the tenant dangerous defects known to him, when the circumstances impose the duty to disclose, and when such defects are not known to the tenant and not discoverable by reasonable examination by such tenant, the former is liable for injuries caused and suffered by reason thereof by the tenant.Smith v. Hallock,210 Ala 529, 98 So. 781;Scoggins v. Atlantic & G. P. Cement Co.,179 Ala. 213, 223, 60 So. 175;Anderson v. Robinson,182 Ala. 615, 62 So. 512, 47 L. R. A. (N. S.) 330, Ann. Cas. 1915D, 829;Morgan v. Sheppard,156 Ala. 403, 47 So. 147;Adler v. Miller,218 Ala. 674, 120 So. 153;Gulf Electric Co. v. Fried,218 Ala. 684, 691, 119 So. 685, and authorities.
In this case there was evidence, or reasonable inferences therefrom, of an agreement to repair which entered into the contract of renting.Adler v. Miller, supra;Gulf Electric Co. v. Fried, supra;Smith v. Hallock, supra;Macke v. Sutterer,224 Ala. 681, 141 So. 651;Morgan v. Sheppard,156 Ala. 403, 47 So. 147.Of this the plaintiff said:
This was positively denied by the defendant, saying:
The rule is thus stated by Mr. Chief Justice Anderson in Morgan v. Sheppard,156 Ala. 403, 408, 409, 47 So. 147, 148, as follows:
In Adler v. Miller,218 Ala. 674, 680, 681, 120 So. 153, 158, it is observed:
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Southern Furniture Mfg. Co. v. Mobile County
...Ga. Ry. Co. v. Chicago Varnish Co., 169 Ala. 287, 53 So. 832; Central of Ga. Ry. Co. v. Chambers, 197 Ala. 93, 72 So. 351; Lacey v. Deaton, 228 Ala. 368, 153 So. 650; Prestwood v. Bohannon, 27 Ala.App. 340, 172 So. 349; W. T. Rawleigh Co. v. Hannon, 32 Ala.App. 147, 22 So.2d 603; Shelley v.......
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Faucett v. Provident Mut. Life Ins. Co. of Philadelphia, 6 Div. 993.
... ... estate with the same incidents with regard to the safety of ... the premises, as tenant in chief. Lacey v. Deaton, ... 228 Ala. 368, 153 So. 650; Smith v. Hallock, 210 ... Ala. 529, 98 So. 781; Scoggins v. Atlantic & Gulf ... Portland Cement Co., 179 ... ...
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Helton v. Easter
...defendant 'show' the jury, but the burden on a party to a civil suit is the different one of 'reasonably satisfying' them. Lacey v. Deaton, 228 Ala. 368, 153 So. 650; Walker v. Ingram, 34 Ala.App. 133, 37 So.2d 682, cert. den., 251 Ala. 395, 37 So.2d Assignment No. 37 assigns as error the T......
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...241 Ala. 549, 553(1), 3 So.2d 415; Glover v. Birmingham Trust & Savings Co., 239 Ala. 423, 424(2), 195 So. 259; Lacey v. Deaton, 228 Ala. 368, 370--371(2), 153 So. 650; Hallock v. Smith, 207 Ala. 567, 568(1), 93 So. 588; Morgan v. Sheppard, 156 Ala. 403(4), 409, 47 So. 147. The plaintiff, h......