Opinion

Haire v. American Trust & Banking Co.

  • 19 Tenn. App. 656
  • 94 S.W.2d 59
  • 1935 Tenn. App. LEXIS 76
Court
Court of Appeals of Tennessee
Filed
Apr 13, 1935
Status
Published
Author
Crownover
On the bench
Dewitt, Crownover, Faw
Cited by
4 cases
Authority
More cited than 1.2%

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

*661

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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