Towne v. Thompson
Decision Date | 26 July 1895 |
Citation | 44 A. 492,68 N.H. 317 |
Court | New Hampshire Supreme Court |
Parties | TOWNE v. THOMPSON. |
Action by Edward C. Towne against Horace Thompson. Judgment sustaining demurrer to complaint.
The declaration is as follows: The plaintiff amended by filing the following additional count: "In a further plea of the case for that the defendant on the 1st day of February, 1893, and for a long time both before and after that day, was the owner and possessor of a certain tenement house, together with the appurtenances, situated at the corner of South Spring and Marshall streets, in said Concord, and in which said plaintiff from said February 1 to April 22, 1893, rightfully inhabited and dwelt; that said defendant, well knowing the premises, on said February 1st, and for a long time both before and after said day, constructed and maintained upon said premises faulty, insufficient, improper, and defective drains and sewers, a faulty, insufficient, improper, and defective privy, a faulty, insufficient, improper, unventilated, and defective cellar, and on said February 1st, and for a long time both before and after said day, said defendant, well knowing the premises, unjustly suffered and permitted to be in and remain upon the said premises faulty, insufficient, improper, and defective drains and sewers, a faulty, insufficient, improper, and defective privy, a faulty, insufficient, improper, unventilated, and defective cellar; and the defendant on said February 1st, and for a long time both before and after said February 1st, permitted said faulty, insufficient, improper, unventilated, and defective drains, sewers, privy, and cellar to be out of repair, and, although notified of their aforesaid condition, and agreeing to change, remedy, and repair the same, the defendant, well knowing the premises, neglected to change, remedy, and repair the same, wherefore, and by means thereof, on divers days and times between said February 1 and April 22, 1893, and while said premises were being used in a reasonable and ordinary manner, and for the purposes for which they were let, large quantities of excrement, filth, stagnant and unwholesome water, penetrated, issued, and flowed from out of said drains, sewers, and privy into and upon the floor of said cellar in said tenement, and also thereby did create divers noisome, noxious, offensive, and unwholesome smells, odors, vapors, gases, and stenches, during the time aforesaid in the tenement aforesaid, by means of all which the plaintiff, not knowing the true condition of the said tenement, became on, to wit, April 6, 1893, sick with a dangerous disease, to wit, diphtheria, and was confined to his bed and house, and was thereby made to suffer great bodily and mental pain, and has suffered lasting and permanent injury to his health, and was put to great expense of money and loss of time in trying to effect a cure." The defendant demurred.
Sargent & Hollis and William H. Sawyer, for plaintiff.
Leach & Stevens and Frank N. Parsons, for defendant.
The possession of leased premises is in the tenant....
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...by defective or dangerous conditions in the leased premises. E.g., Black v. Fiandaca, 98 N.H. 33, 93 A.2d 663 (1953); Towne v. Thompson, 68 N.H. 317, 44 A. 492 (1895); 2 Powell, Real Property 234 (rev. ed. 1971); Prosser, Torts § 63 (4th ed. 1971); 1 Tiffany, Real Property §§ 104, 107 (3d e......
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Van Avery v. Platte Val. Land & Inv. Co.
... ... Lonergan, 221 Mass. 296, 108 N.E. 1062, L.R.A. 1916F, ... 1098; Harpel v. Fall, 63 Minn. 520, 65 N.W. 913; ... Towne v. Thompson, 68 N.H. 317, 44 A. 492, 46 L.R.A ... 748; Meade v. Montrose, 173 Mo.App. 722, 160 S.W ... 11; Bender v. Weber, 250 Mo. 551, 157 ... ...
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Stevens v. United Gas & Electric Co.
...tenant, or to one occupying the premises in the right of the tenant, to keep them in a proper sanitary condition (Towne v. Thompson, 68 N. H. 317, 44 Atl. 492, 46 L. R. A. 748), the attempted application of that principle to this case fails (1) because the defendant did not give the exclusi......
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