Report of Cases Argued and Determined in the Supreme Court of Alabama (Volume 14)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...have and recover of the defendants twenty-five dollars, the value of said book as assessed by the jury, and that plaintiff have and recover of' the defendants the costs of suit. The judgment being thus corrected, is afiirmed. Buckley v. Cunningham et al. Aclio/n, by Tenant against Landlord to recover Damages resulting from the bursting of a Water Pipe. 1. Liability of landlord for bursting of water p1Tpe.--Vhere the lower rooms of a building are rented, and in the room above them, which was unoccupied, and under the exclusive control of the landlord, a water pipe, which passed through the rented rooms and could be seen by ordinary observation, and was known to be there by the occupants of said rooms, bursted by reason of a freeze, and water leaked through the floor and damaged the goods of the tenants in the lower rooms, the landlord is not liable for such damage on account of his failure to have the water cut off, when there is no evidence that the water pipe was defective, or that it was not put up in a proper manner, or that the tenants requested the landlord to have the water cut off; it being, under such circumstances, equally the duty of the tenants themselves to have the water cut oil'. 2. Smnr; nu! Iinhlr_fm-fa1'lurr In provide fl xlml-n_f_/or a rraler po'pr.--In such a case the landlord is not liable to his tenantfor l'aillngto provide a shut-ot! for said water pipe, in addi-tion to the stop-cock near the curb-stone. furnished by the city. as provided by a rule of the water company, there being no evidence that such failure contributed proximately to the damage complained of; the landlord having the right to construct his building, either with or without water pipes and other conveniences, ...