Bailey v. Kelly

Citations

• 86 Kan. 911
• 122 P. 1027
• 1912 Kan. LEXIS 415

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Dangerous Nuisance — Liability of Landlord. Where a nuisance dangerous to life is created by the owner on his premises, or through his gross negligence is suffered to remain there, he can not by leasing the property to another avoid his own liability to any person who is rightfully upon, the premises and who, without fault, is injured by reason of such nuisance; and this liability extends to a servant of the tenant, notwithstanding the tenant, by reason of his own fault or neglect or knowledge of the danger, could not have maintained an action against the owner for any injury suffered by himself.</p> <p>2. --— Leased Premises — Dangerous Nuisance — Notice to Landlord. In such a case it is for the jury to determine whether or not the owner knew of the dangerous condition of the premises at the time of the letting, or in time to have abated the ■ nuisance before the injury, occurred, dr should have known it by the exercise of ordinary care.</p>