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Keywords

defendantliabilitytriallease

plaintiffdefendantliabilityverdictlease

Related Cases

Rhoades v. Seidel, 139 Mich. 608, 102 N.W. 1025

Facts

Joseph A. Rhoades leased a house from defendants August F. Seidel and another. After moving in, he became ill with typhoid fever, which he alleged was caused by noxious gas and discharge from an open sewer in the house. Rhoades claimed that he had entered the lease under the defendants' assurances that the premises were in good condition, and he notified them multiple times about the issues with the sewer, but their attempts to fix it were ineffective.

Plaintiff leased a house from defendants. While occupying this house he was taken ill with typhoid fever. He alleges that this disease was caused by a noxious gas and discharge emanating from an open sewer in the rented house.

Issue

Whether the defendants were liable for Rhoades' illness due to the condition of the sewer in the rented house.

Rule

A landlord's liability to a tenant for injuries resulting from defects in the premises extends only to defects known or should have been known to the landlord, which are not open to the tenant's observation.

The liability of a landlord to a tenant for injuries resulting from defects existing at the time premises are leased extends only to defects which he knew or which he should know of, and which are not open to the observation of the tenant.

Analysis

The court found that the open sewer was as well known to Rhoades as it was to the defendants, and there was no evidence that the sewer was constructed without precautions to prevent gas escape. The court also noted that the defendants had not agreed to make repairs, and thus were under no obligation to remedy the defect after being notified.

Defendants' liability must rest either upon the ground that they rented the premises in a defective condition, or that after notice they wrongfully neglected to remedy the defect.

Conclusion

The court concluded that there were no grounds for holding the defendants liable, and therefore affirmed the trial court's judgment in their favor.

We conclude that there was no ground upon which defendants could be held liable, and the verdict in their favor was properly directed.

Who won?

Defendants prevailed in the case because the court found no basis for liability regarding the condition of the premises or the failure to repair.

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