Southern Apartments, Inc. v. Emmett, 6 Div. 395

CourtSupreme Court of Alabama
Writing for the CourtMERRILL; LIVINGSTON
Citation269 Ala. 584,114 So.2d 453
PartiesSOUTHERN APARTMENTS, INC., v. Mildred EMMETT.
Docket Number6 Div. 395
Decision Date13 August 1959

Page 453

114 So.2d 453
269 Ala. 584
SOUTHERN APARTMENTS, INC.,
v.
Mildred EMMETT.
6 Div. 395.
Supreme Court of Alabama.
Aug. 13, 1959.
Rehearing Denied Sept. 17, 1959.

[269 Ala. 586]

Page 454

W. J. Sullivan, Jr., and Sadler, Sadler, Sullivan & Herring, Birmingham, for appellant.

Jenkins & Cole, Birmingham, for appellee.

MERRILL, Justice.

Appellee, a tenant, sued appellant, the owner of the apartment occupied by appellee,[269 Ala. 587] for injuries to her right hand and index finger. The count on which the case was submitted to the jury alleged that the appellant negligently performed certain repair work which it undertook to perform on a handle in appellee's bathtub, proximately resulting in appellee's injury.

Appellant's pleas were the general issue and contributory negligence. The verdict of the jury and judgment thereon was in the amount of $4,500. A motion for a new trial was overruled.

Appellant's main contention is that it was entitled to the affirmative charge either with or without hypothesis, assignments of error 1, 2, 3 and 4.

There was no lease in evidence, but it is undisputed that the relation of tenant and landlord existed between the parties. The rule is, as to the tenant, his servant, guest or others entering under his title, in the absence of a covenant to repair, or keep in repair, that the landlord is only liable for injuries resulting from latent defects, known to him at the time of the leasing, and which he concealed from the tenant. Uhlig v. Moore, 265 Ala. 646, 93 So.2d 490, and cases there cited.

It is the law that where the lessor, under no duty to repair, voluntarily undertakes so to do, he is liable for injuries proximately caused by negligence in so making repairs as to render the premises dangerous

Page 455

to life or limb of those rightfully occupying the premises. Faucett v. Provident Mut. Life Ins. Co. of Philadelphia, 244 Ala. 308, 13 So.2d 182, and cases cited.

It is also true, where the landlord voluntarily or gratuitously undertakes to make repairs upon the building demised, he is liable to the tenant for injuries resulting from negligence of himself or servant in making such repairs; but, if the repairs are made inefficiently, and not negligently, by himself or servant, he is not liable for injuries resulting to the tenant. Cairnes v. Hillman Drug Co., 214 Ala. 545, 108 So. 362; Spangler v. Hobson, 212 Ala. 105, 101 So. 828.

the tendencies of the evidence show that appellee and her mother were tenants in the Nelright Apartments in Birmingham, owned by appellant. On June 29, 1959, appellee, after taking a bath, attempted to turn off water dripping in the bathtub, and while so doing, the porcelain on the right faucet handle broke and cut her hand and finger. Approximately one month prior to this occurrence Emerson Brock, a janitor, repaired or attempted to repair this faucet.

Appellee's maid was present when appellee's mother told Brock that the handle of the faucet was loose and that...

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31 practice notes
  • Hca, Inc. v. American Protection Ins. Co.
    • United States
    • Supreme Court of Tennessee
    • January 24, 2005
    ...v. Camp, 279 Ala. 1, 180 So.2d 904, 14 A.L.R.3d 1245; Boggs v. Turner, 277 Ala. 157, 168 So.2d 1; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Alabama Great Southern R. Co. v. Bishop, 265 Ala. 118, 89 So.2d 738, 64 A.L.R.2d Lankford v. Mong, 283 Ala. 24, 214 So.2d 301, ......
  • Alabama Power Co. v. Guy
    • United States
    • Supreme Court of Alabama
    • November 9, 1967
    ...not inferences which we may think the more probable. Glass v. Davison, 276 Ala. 328, 161 So.2d 811; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Chesser v. Williams, 268 Ala. 57, 104 So.2d The theory of Count One is that appellant created a dangerous condition in that i......
  • Lankford v. Mong, 7 Div. 707
    • United States
    • Supreme Court of Alabama
    • September 12, 1968
    ...v. Camp, 279 Ala. 1, 180 So.2d 904, 14 A.L.R.3d 1245; Boggs v. Turner, 277 Ala. 157, 168 So.2d 1; Southern Apartments, Inc., v. Emmett, 269 Ala. 584, 114 So.2d 453; Alabama Great Southern R. Co. v. Bishop, 265 Ala. 118, 89 So.2d 738, 64 A.L.R.2d And we have said that when the affirmative ch......
  • Birmingham Slag Division of Vulcan Materials Co. v. Chandler, 7 Div. 3
    • United States
    • Alabama Court of Civil Appeals
    • January 28, 1970
    ...not inferences which we may think the more probable. Glass v. Davison, 276 Ala. 328, 161 So.2d 811; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Chesser v. Williams, 268 Ala. 57, 104 So.2d We are of the opinion that there was no reversible error in the court below and t......
  • Request a trial to view additional results
31 cases
  • Hca, Inc. v. American Protection Ins. Co.
    • United States
    • Supreme Court of Tennessee
    • January 24, 2005
    ...v. Camp, 279 Ala. 1, 180 So.2d 904, 14 A.L.R.3d 1245; Boggs v. Turner, 277 Ala. 157, 168 So.2d 1; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Alabama Great Southern R. Co. v. Bishop, 265 Ala. 118, 89 So.2d 738, 64 A.L.R.2d Lankford v. Mong, 283 Ala. 24, 214 So.2d 301, ......
  • Alabama Power Co. v. Guy
    • United States
    • Supreme Court of Alabama
    • November 9, 1967
    ...not inferences which we may think the more probable. Glass v. Davison, 276 Ala. 328, 161 So.2d 811; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Chesser v. Williams, 268 Ala. 57, 104 So.2d The theory of Count One is that appellant created a dangerous condition in that i......
  • Lankford v. Mong, 7 Div. 707
    • United States
    • Supreme Court of Alabama
    • September 12, 1968
    ...v. Camp, 279 Ala. 1, 180 So.2d 904, 14 A.L.R.3d 1245; Boggs v. Turner, 277 Ala. 157, 168 So.2d 1; Southern Apartments, Inc., v. Emmett, 269 Ala. 584, 114 So.2d 453; Alabama Great Southern R. Co. v. Bishop, 265 Ala. 118, 89 So.2d 738, 64 A.L.R.2d And we have said that when the affirmative ch......
  • Birmingham Slag Division of Vulcan Materials Co. v. Chandler, 7 Div. 3
    • United States
    • Alabama Court of Civil Appeals
    • January 28, 1970
    ...not inferences which we may think the more probable. Glass v. Davison, 276 Ala. 328, 161 So.2d 811; Southern Apartments, Inc. v. Emmett, 269 Ala. 584, 114 So.2d 453; Chesser v. Williams, 268 Ala. 57, 104 So.2d We are of the opinion that there was no reversible error in the court below and t......
  • Request a trial to view additional results

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