Sullivan v. Waterman

• Decision Date: 24 January 1898
• Citation: 20 R.I. 372,39 A. 243
• Parties: SULLIVAN v. WATERMAN.
• Court: Rhode Island Supreme Court

39 A. 243

20 R.I. 372

SULLIVAN

v. WATERMAN.

Supreme Court of Rhode Island.

Jan. 24, 1898.

Action by Maria Sullivan against Stephen W. Waterman. On demurrer by defendant. Overruled.

C. M. Salisbury, for plaintiff.

Wilson & Jenckes, for defendant.

TILLINGHAST, J. The plaintiff complains, in an action of trespass on the case, that the defendant, who hired certain rooms in her house, so misbehaved himself while in the occupancy of said rooms as to injure the plaintiff in her business, and in the good name, credit, and reputation of her house. The declaration sets out, in substance, that the plaintiff is, and for a long time before the grievances complained of was, the owner of a certain dwelling house, in which she lives, in the city of Providence, and where she was engaged in keeping a lodging house for hire and profit; that the defendant hired certain rooms of her in said house for the purpose of using the same in a reasonable and proper manner and was at the time when the grievances complained of were committed in the possession thereof; that, contriving and intending to hurt and injure the good name and credit of said house, the defendant grossly misbehaved himself therein, in this: that upon the 10th day of May, 1897, in the nighttime, and upon divers other nights between that time and the date of plaintiff's writ, he brought or caused to come to his said rooms certain dissolute and immoral women, without the knowledge and against the will of the plaintiff, and kept said women there till a late hour in the night, in consequence whereof certain good people who had intended to take rooms in said house for hire did not take them, whereby the plaintiff suffered loss and damage. The declaration also sets out that on the 20th day of May, 1897, in the nighttime, and upon divers other nights, the defendant allowed one John Doe to use said rooms so hired as aforesaid for the purpose of bringing or causing to come into said rooms certain other dissolute and immoral women, without the knowledge and against the will of the plaintiff, and said women to keep in said rooms till a late hour of the night, thereby intending and contriving to injure, and actually injuring, the plaintiff as aforesaid. The declaration further charges the bringing of other dissolute and immoral persons, both male and female, to said rooms, both in the daytime and in the nighttime, there to revel, drink, and carouse, and to commit other immoral acts, whereby plaintiff was injured and damaged as aforesaid. To this declaration the defendant has demurred on the ground that it does not set forth any unlawful or wrongful act of the defendant upon which an action for damages can be founded. In support of this demurrer he contends that there is no allegation that the acts complained of constituted a nuisance, either public or private, and further that, even if the acts complained of did constitute a nuisance, still the declaration does not state a cause of action, because the plaintiff does not allege that she has suffered any "actual specific" damage therefrom.

We think the declaration states a cause of action. It cannot be seriously argued that a man who hires rooms in a dwelling house, to be used as lodging rooms, has any right to apply them to the purposes of assignation, or to create a nuisance therein. And that a wrong which arises from the...