MacKenzie v. Ryan
| Decision Date | 17 March 1950 |
| Docket Number | No. 35011,35011 |
| Citation | 41 N.W.2d 878,230 Minn. 378 |
| Parties | MACKENZIE v. RYAN. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
1. The clause ending with the words 'personal injury sustained' in a provision in a written lease exempting the lessor from liability to the tenant for personal injury that the lessee covenants and agrees 'To make no claim, and lessee hereby expressly waives any and all claims against said lessor for or on account of any personal injury sustained, or any loss or damage to property, caused by fire, water, deluge or overflow, or explosion, howsoever arising or caused or being within said premises; or for loss of any articles by theft or from any cause, from said premises or building,' is not modified by the other portions thereof beginning with the words 'or any loss or damage to property, caused by fire.'
2. A clause in a lease, executed by the lessee named therein as agent on behalf of two principals not so named, exempting the lessor from liability to the 'lesee' for personal injury sustained, operates to exempt the lessor from such liability to one of the principals of the named lessee.
John G. Bouthilet and John E. Daubney, St. Paul, Allen L. Gray, St. Paul, for appellant.
Bundlie, Kelley, Finley & Maun, St. Paul, Mandt Torrison, St. Paul, for respondent.
Action for personal injuries. Plaintiff appeals from the order denying her motion for a new trial after a directed verdict for defendant.
Numerous questions have been raised on the appeal, but only two, which if answered in favor of defendant would be decisive, need be discussed, viz.:
(1) Whether the clause ending with the words 'personal injury sustained' in a provision in a written lease exempting the lessor from liability to the tenant for personal injury that the lessee covenants and agrees 'To make no claim, and lessee hereby expressly waives any and all claims against said lessor for or on account of any personal injury sustained, or any loss or damage to property, caused by fire, water, deluge or overflow, or explosion, howsoever arising or caused or being within said premises; or for loss of any articles by theft or from any cause, from said premises or building,' is modified by the other portions thereof beginning with the words 'or any loss or damage to property, caused by fire'; and
(2) Whether a clause in a lease, executed by the lessee named therein as agent on behalf of two principals not so named, exempting the lessor from liability to the 'lessee' for personal injury sustained operates to exempt the lessor from such liability to one of the principals of the named lessee.
On August 14, 1947, defendant let a third-floor apartment under a written lease in which he was named as lessor and Jane Gleim, plaintiff's sister, was named as lessee. The lease was executed by Jane as agent of and on behalf of plaintiff and another sister. The lease contained the clause quoted in the first question stated above. By its terms, the lessee' covenanted and agreed to make no claim and to waive all claims against the 'lessor' for or on account of any personal injury sustained.
On the evening of November 18, 1947, plaintiff, while venturing into a dark room to ascend some stairs adjacent and at a right angle to a stairway to enter another room, made a misstep, causing her to fall down the stairway. As a consequence of the fall she was severely injured. She alleges that the fall was caused by defendant's negligence in failing to repair a light in the room in which the stairs were situated, as he had promised to do prior to and at the time of and subsequent to the execution of the lease, with the consequence that the room was dark and she missed the step.
In addition to the two questions stated above, other questions have been raised, such as whether defendant was negligent and whether plaintiff was contributorily negligent. The presentation here has proceeded upon the...
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