Powers v. Coates

• Decision Date: 25 September 1964
• Docket Number: No. 3482.,3482.
• Citation: 203 A.2d 425
• Parties: Robert W. POWERS, Appellant, v. Joseph COATES, Appellee.
• Court: D.C. Court of Appeals

203 A.2d 425

Robert W. POWERS, Appellant, v. Joseph COATES, Appellee.

No. 3482.

District of Columbia Court of Appeals.

Argued June 1, 1964.

Decided September 25, 1964.

COPYRIGHT MATERIAL OMITTED

Kevin P. Charles, Washington, D. C., for appellant.

James T. Barbour, Jr., Washington, D. C., for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

HOOD, Chief Judge.

This appeal is by a landlord from an adverse judgment in an action against his tenant. The property in question is a dwelling house and was leased for a period of one year. The lease contained a provision that the tenant should keep the premises in the same good order and condition in which received and should pay for all repairs rendered necessary by the negligence of the tenant. Another provision required the tenant to surrender the premises at the termination of the lease "in good order and condition, ordinary wear and tear, damage by fire, act of God, or the public enemy excepted."

During the rental term the tenant took his family on a vacation and left the premises unoccupied from December 22 until January 3. On his return the tenant found that the "water pipes and radiators and other fixtures throughout the house had been damaged extensively, apparently due to the freezing of water within the pipes and fixtures." After seeing this damage the tenant took his family to a hotel and did not return until the damage had been repaired. The landlord, who was absent from this country, through his rental agent had the damage repaired at a cost of over $1,000. This action, brought by the landlord shortly before termination of the lease, and tried after its termination, sought to recover from the tenant the cost of the repairs.

The complaint, referring to the lease provision requiring the tenant to pay for repairs occasioned by his negligence, alleged the damage was due to the negligence of the tenant, but alleged no specific act of negligence. At the commencement of trial the landlord was permitted to orally amend his complaint by adding a count alleging violation of the covenant to surrender the premises in good order and condition. During trial the tenant, called as a witness by the landlord, admitted leaving the premises unoccupied and finding the damage on his return. He offered no explanation for the freezing of the pipes, and the landlord presented no evidence respecting it.

At the close of the landlord's case the trial court ruled that the doctrine res ipsa loquitur did not apply to the evidence as presented, that in any event the doctrine could not be considered because not pleaded, and that no recovery could be had under the covenant to surrender in good order and condition because the landlord had repaired the damage during the tenancy and consequently the premises were surrendered in their original condition. So ruling, the court found in favor of the tenant. For reasons hereafter stated, we hold that the rulings of the court were erroneous.

The law of this jurisdiction respecting the doctrine of res ipsa loquitur was summarized by this court in the following manner:

"In this jurisdiction it is established that the principle of res ipsa loquitur `is simply that when the cause of an accident is (1) known, (2) in the defendant's control, and (3) unlikely to do harm unless the person in control is negligent, the defendant's negligence may be inferred without additional evidence.' Washington Loan & Trust Co. v. Hickey, 78 U.S.App.D.C. 59, 61, 137 F.2d 677, 679. It is also established that the principle in question is not `restricted to any particular pattern of facts', Kerlin v. Washington Gas Light Co., D.C.D.C., 110 F.Supp. 487, 489, affirmed 94 U.S.App.D.C. 39, 211 F.2d 649, and `contains no absolute standards by which to determine its applicability to a given situation.' Pomeroy v. Pennsylvania Railroad Co., 96 U.S. App.D.C. 128, 129, 223 F.2d 593, 594. If a plaintiff's case comes within the principle he is `enabled to escape the possibility of having the court direct a verdict against him', Underwood v. Capital Transit Co., 87 U.S.App.D.C. 68, 69, 183 F.2d 822, 823, certiorari denied 340 U.S. 931, 71 S.Ct. 493, 95 L.Ed. 672, and `is entitled to go to the jury.' Washington Loan & Trust Co. v. Hickey, supra. Application of the principle, of course, does not compel a finding for plaintiff or even shift the burden of proof. Capital Transit Co. v. Jackson, 80 U.S.App.D.C. 162, 149 F.2d 839, 161 A.L.R. 1110, certiorari denied 326 U.S. 762, 66 S.Ct. 143, 90 L.Ed. 459. The jury `are at liberty to decide for themselves whether...