brother of tenant injured in fall caused by unsafe step
How later courts described this case
- brother of tenant injured in fall caused by unsafe step
Written by the judges who cited it.
The opinion
CROWNOVER, J.
(dissenting). I am compelled to dissent from the opinion in this case for two reasons: First. The agreement on
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ihe part of the trustee to keep the property insured and “in repair” is a covenant that runs with the land and makes the trustee liable to third persons for injuries resulting from unsafe condition of the premises. Commercial Club v. Epperson, 15 Tenn. App., 649 . I do not think the trustee can avoid liability by renting out the property to a tenant without any agreement as to the repairs. Second. I think there is enough evidence in the case that the trustee or landlord agreed to repair to carry the case to the jury; therefore I think the judgment should be reversed and the cause remanded for .a new trial.