Hudson v. Singleton Silk Co.

JELoke, J. In the absence of an express covenant to repair or keep in repair, a landlord is not ordinarily held liable for personal injuries to the tenant or his family by reason of defective conditions of the premises. And even with a covenant to repair, the general rule is that such a liability will not usually be imputed. And it is not required to discuss or determine whether an action of this kind will lie against the landlord under exceptional covenants or circumstances, for if this be conceded, on careful perusal of the record we are of opinion that in the instant case there are no facts in evidence that will justify or permit the inference that the alleged breach of an agreement to repair was the proximate cause of the injury compláined of, nor even that it caused the injury to plaintiff. The judgment of his Honor directing a nonsuit is therefore Affirmed.