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Tucker v. Burt, 152 Mich. 68, 115 N.W. 722, 17 L.R.A.N.S. 510

Facts

Jennie Tucker, a widow, was living in an apartment building owned by McKinstry Burt. Her son-in-law, the janitor, was compensated for his services and allowed to use certain rooms in the basement. During her illness, Tucker was informed by her son-in-law that Burt wanted her to leave due to the infectious nature of her illness. Despite her condition, she left the apartment under pressure from Burt, which she claimed aggravated her health. She subsequently sued Burt for requiring her to leave.

Defendant was the owner of a six-family apartment building, known as the ‘Pontiac Apartments.’ It was occupied by six families. The janitor, plaintiff's son-in-law, Mr. Barber, received as compensation for his services $20 per month and the use of certain rooms in the basement for the use of himself and wife.

Issue

Did McKinstry Burt have a legal duty to allow Jennie Tucker to remain in her apartment despite her illness?

The question here involved is one of legal, not of moral, obligation.

Rule

The law does not impose a duty upon individuals to care for the sick or unfortunate, and a property owner is not liable for the removal of a tenant if it is done to protect the health of other tenants.

The law imposes no duty upon the individual citizen to care for the sick or the unfortunate who are poor.

Analysis

The court analyzed whether Burt had a legal obligation to keep Tucker in the apartment despite her illness. It concluded that he had the right to request her removal to protect other tenants from potential health risks. The court noted that Tucker was not confined to her bed and was capable of leaving the premises, which further supported Burt's decision.

The court analyzed whether Burt had a legal obligation to keep Tucker in the apartment despite her illness.

Conclusion

The court affirmed the judgment for the defendant, concluding that he had not committed any legal wrong in requiring Tucker to leave the apartment.

The defendant was guilty of no legal wrong; and the judgment is affirmed.

Who won?

McKinstry Burt prevailed in the case because the court found that he had no legal duty to keep Jennie Tucker in the apartment and acted to protect the health of other tenants.

McKinstry Burt prevailed in the case because the court found that he had no legal duty to keep Jennie Tucker in the apartment and acted to protect the health of other tenants.

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