[DOWNLOAD] "Lake v. Emigh" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: Lake v. Emigh
• Author : Supreme Court of Montana
• Release Date : January 03, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

1. Appeal and error ? law of case held applicable. The rule that the Supreme Courts decision is the law of the case on a subsequent retrial was applicable where there was little material difference in the facts established. Hence the decision in the former appeal became the law of the case as to all matters which were directly involved in and considered and determined on such appeal. 2. Landlord and tenant ? Evidence warranted verdict on theory of defective clothesline. In an action against a landlord for injuries sustained by tenant when clothesline broke and she fell from platform at the top of a ladder while using a mechanical device for hanging clothes to dry, evidence warranted verdict for tenant on the theory that the injuries resulted from the defective condition of the clothesline and not from the shaky condition of the ladder. 3. Landlord and tenant ? Probable cause. Whether the breaking of the clothesline was the proximate cause of the injuries or whether intervening causes, including a narrow platform, lack of handhold and shaky ladder, were contributing causes, were immaterial as respects the liability of the landlord for the injuries, where the landlord was responsible for all such causes. - Page 88 4. Negligence ? Intervening causes between negligence and injury. The mere fact that other causes, conditions or agencies have intervened between defendants negligence and injury for which recovery is sought is not sufficient in law to relieve defendant from liability. 5. Landlord and tenant ? Landlords duty on premises used in common by tenant. Where the owner of premises leases parts thereof to different tenants, reserving other parts for common use of different tenants, the owner has the duty of using reasonable care to keep parts reserved for common use, including appliances for hanging clothes to dry, reasonably safe. 6. Landlord and tenant ? Clotheslines were for use in common. The record established that the clotheslines, none of which were entirely upon the premises rented exclusively to any one tenant, were reserved by the landlord for the common use of all four tenants of adjoining duplexes, so that the landlord was bound to exercise reasonable care to keep such clotheslines reasonably safe. 7. Landlord and tenant ? Instruction as to landlords duty held proper. The instruction correctly stated the law as to the landlords duty to keep in reasonably safe condition for use the clothesline reserved for common use by the several tenants of two adjoining duplexes, where defects in the clothesline were not, under the evidence, patent either when plaintiffs husband leased the premises or when the plaintiff was injured in a fall from the platform while using the clothesline. 8. Landlord and tenant ? Instruction on contributory negligence and assumption of risk proper. Instruction that if the breaking of the clothesline and shaking of the ladder concurred to cause the tenant to fall from the ladder while using mechanical device for hanging clothes to dry and that without the breaking of the clothesline the tenant would not have fallen, the jury should return a verdict for the tenant against the landlord for injuries sustained if they believed the tenant was free from contributory negligence or assumption of risk of injury was proper. 9. Landlord and tenant ? Defendants proposed instruction on contributory negligence properly refused. In an action against the landlord for injuries sustained by a tenant when clothesline broke and she fell from the ladder while using mechanical device for hanging clothes to dry, instruction requested by the landlord inviting the jury to consider the tenants negligence in using the defective ladder was properly refused.

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