Bennett v. Southern Scrap Material Co.
Citations
- 121 La. 204
- 46 So. 211
- 1908 La. LEXIS 656
Syllabus
<p>1. Landlord and Tenant — Duties of Lessor —Warranties.</p> <p>The lessor of a building is bound to deliver the same in good condition and free of repairs, and warrants against all vices and defects which may prevent it from being used for the purposes of the lease.</p> <p>2. Same — Essential Defects.</p> <p>A stipulation that the lessee shall make all necessary repairs, present and future, for the term of one year, does not dispense the lessor from his obligation to deliver the building in a sound condition as to its structural parts, nor does it exclude the lessor’s warranty against essential vices and defects.</p> <p>3. Same — Necessary Repairs — Duty oe Lessee.</p> <p>Where a leased building collapsed during the term by reason of rotten supporting columns, the lessor has no claim for damages against the lessee on the latter’s covenant to make necessary repairs; usual decay being excepted.</p> <p>4. Same — Damages—Recovery by Lessee.</p> <p>A lessee, who might have protected himself at small cost against the collapse of a building by temporary shoring, is' not entitled to recover the consequential damages.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]he case also differs meaningfully from Bivens because the “legal mandate under which the officer was operating” is materially different. Plaintiff's arrest was made upon probable cause after a valid vehicle search conducted with probable cause”
- finding that the plaintiff’s excessive force claim that “arose from a lawful vehicle search” placed Bivens in new context
- contrasting the “privacy right” in Bivens as reflected in a claim of “a warrantless invasion of [a] home” or an “unreasonable search and seizure” with a “claim aris[ing] from the force allegedly applied in making a lawful street arrest.”
- “[b]ecause adequate alternative remedies exist[] here, the Court need not address whether any other special factors counsel hesitation”
- the FTCA is an “alternative avenue for redress” that “counsel{s] against an implied right of action”
- “pe present unavailability of an FTCA claim is immaterial to the analysis of whether the existence of an adequate alternative process counsels in favor of judicial restraint.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
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