# Smith v. Owen

> Court of Appeals of Tennessee · June 19, 1992 · 841 S.W.2d 828

URL: https://www.frixlaw.com/law-library/cases/9774876

## Case

- **Full name:** Robert G. SMITH and Wife, Mary E. Smith, Individually, and as the Parents and Next-Of-Kin for Kyle Smith, Plaintiffs/Appellees, v. Katherine Ann OWEN (Wallace), Defendant/Appellant
- **Court:** Court of Appeals of Tennessee
- **Decided:** June 19, 1992
- **Citations:** 841 S.W.2d 828; 1992 Tenn. App. LEXIS 540
- **Precedential status:** Published
- **Opinion:** Dissent by Todd
- **Judges:** Cantrell, Lewis, Todd
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9774876

## Opinion text

TODD, Presiding Judge,
dissenting.
With great respect and deference to the authorities and reasoning upon which the conclusion of the majority is based, I must register my disagreement with what I consider to be an unjust result.
The record reflects that the defective wiring was installed without the knowledge or consent of the defendant-landlord before the enactment of the city code which, according to the majority, made the landlord an insurer of the safety of the premises. This is contrary to the long established law of landlord and tenant in this State. Maxwell v. Davlo Corp. of Tenn., Tenn.App. 1989, 776 S.W.2d 528 , and authorities cited therein.
The facts of this case are tragic and regrettable, but were the result of negligence of a person unknown without concurrence of negligence of any party to this case.
The judgment should be reversed and the case dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9774876. Public record. Not legal advice.