Leavitt Et Ux v. Twin County Rental Co
| Decision Date | 30 September 1942 |
| Docket Number | No. 96.,96. |
| Citation | 222 N.C. 81,21 S.E.2d. 890 |
| Court | North Carolina Supreme Court |
| Parties | LEAVITT et ux. v. TWIN COUNTY RENTAL CO. |
Appeal from Superior Court, Edgecombe County; J. Paul Frizzelle, Judge.
Action by Leslie C. Leavitt and wife, Mrs. Floria D. Leavitt, against the Twin County Rental Company, to recover for injuries allegedly sustained because of defendant's failure to repair a house which plaintiffs rented from defendant. From a judgment allowing defendant's motion for judgment as of nonsuit, the plaintiffs appeal.
Affirmed.
The plaintiffs brought this action to recover for personal injuries alleged to have been sustained through the wrongful action of the defendant in its failure to repair a house which plaintiffs had rented from it and in which they were residing.
The evidence disclosed that the plaintiffs had rented the premises from the defendant. Sometime during the occupancy, the plaintiffs discovered that the plaster in one of the rooms was in bad condition. A portion of it fell from the ceiling, and the plaintiffs notified the defendant of this condition. The defendant, through its agent, promised to repair it. Plaintiffs notified the defendant that unless the place was repaired, they would have to move out, and defendant requested the plaintiffs to remain as tenants of the house, promising to make the repairs. Plaintiffs remained in the occupancy of the house, making repeated requests that the repairs be made because of the dangerous condition of the plaster in the room.
Finally, a portion of the plaster fell and allegedly injured the feme plaintiff.
Upon the trial, the defendant made a motion for judgment as of nonsuit upon the evidence as substantially above related, and the motion was allowed. Plaintiffs appealed.
T. T. Thorne and John D. Odom, both of Rocky Mount, for plaintiffs, appellants.
Gilliam & Bond, of Tarboro, for defendant, appellee.
The law in this State is decidedly against the plaintiffs, and it seems to be in accord with the weight of authority throughout the Country.
The rule is stated in the case of Jordan v. Miller, 179 N.C. 73, 101 S.E. 550, 551, as follows: ...
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Harrill v. Sinclair Refining Co.
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Thompson v. Shoemaker
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