Staples v. Baty

• Decision Date: 11 March 1952
• Docket Number: No. 34638,34638
• Citation: 1952 OK 98,206 Okla. 288,242 P.2d 705
• Parties: , 1952 OK 98 STAPLES v. BATY.
• Court: Oklahoma Supreme Court

Page 705

242 P.2d 705

206 Okla. 288, 1952 OK 98

STAPLES v. BATY.

No. 34638.

Supreme Court of Oklahoma.

March 11, 1952.

Rehearing Denied April 8, 1952.

Syllabus by the Court.

Where the landlord retains possession and control of a portion of the leased premises for use in common by different tenants, he has the duty to use ordinary care to maintain such portion of the premises in a safe condition and is responsible for injury or damage to a tenant which results from his negligent failure to perform such duty.

Smith & Smith, of Miami, for plaintiff in error.

Robert E. Nesbitt, Frank Nesbitt and Nelle Nesbitt, all of Miami, for defendant in error.

PER CURIAM.

Effie Baty brought this action for personal injuries sustained by her when a step, on a common stairway of the building in which she was one of several tenants and upon which she was descending, collapsed. The defendant, Staples, owned the building and occupied the first floor for his business and also as his living quarters. The plaintiff, Mrs. Baty, was one of several tenants occupying rooms on the second floor of the building, where she had lived since 1944. The building extended east and west from Main Street to the alley in Afton, Oklahoma, and was adjoined to the north by a similar building owned by one Stone, who also rented rooms on the second floor. A common hallway together with a front stairway leading to Main Street and a rear stairway leading to the alley were all used by the tenants of both buildings. The stairway leading to the alley was on the outside and directly behind and a part of Staples' building and was of frame construction.

On July 20, 1949, while the plaintiff was descending the back stairway, a wood block underneath and supporting one of the wood steps gave way under the plaintiff's weight, causing her to fall some eight to ten feet into a coal bin underneath the stairway. As a result of the fall the plaintiff sustained a fractured ankle and leg abrasions from which she was hospitalized several days and was on crutches for several months.

Staples has appealed from the trial court's judgment rendered on the jury's verdict for plaintiff in the sum of $2,500. He contends that Sections 31 and 32, Title 41 O.S.1941, as construed by this court, control.

Said sections provide in effect that the lessor of a building occupied by human beings must repair dilapidations not caused by the negligence of the lessee and that if the lessor fails to do so within a reasonable time after notice, the lessee may make such repairs himself at the expense of the lessor or vacate the premises and be relieved from th further payment of rent. This court has held that the remedies therein provided are exclusive and that the tenant has no right of action in tort for damages to person or property resulting from the failure of the lessor to make such repairs. We so held in Ewing et al. v. Cadwell et al., 121 Okl. 115, 247 P. 665; Lavery v. Brigance et al., 122 Okl. 31, 242 P. 239; Young v. Beattie, Adm'x, 172 Okl. 250, 45 P.2d 470; Arbuckle Realty Trust v. Rosson et al., 180 Okl. 20, 67 P.2d 444; Alfe v. New York Life Ins. Co. et al., 180 Okl. 87, 67 P.2d 947; and King et al. v. Collins, 190 Okl. 601, 126 P.2d 76.

Staples contends that the trial court committed error in overruling his motion for new trial and in giving instructions 6 and 7. Therein the court, in substance, instructed the jury that where the lessor rented rooms or apartments to tenants and retained control of the stairways, the lessor had the duty to exercise ordinary care in keeping such stairways safe for the reasonable use of his tenants and that should the jury...