Gately v. Campbell

Citations

• 124 Cal. 520
• 57 P. 567
• 1899 Cal. LEXIS 1028

Syllabus

<p>Landlord and Tenant—Defective Condition of Porch Floor—Injury to Tenant—Liability of Landlord.—In the absence ot any covenant by the landlord for repairs in the lease of rented premises, or of any fraudulent representation or concealment on his part, or knowledge by him that the premises when rented were unfit for occupancy, he is not liable for injury to the tenant caused by the breaking away of the defective floor of a porch.</p> <p>Id.—Tenantable Condition of Premises—Construction of Code—Obligation of Landlord Limited by Privilege of Tenant.-—The obli- , gation imposed by section 1941 of the Civil Code upon the lessor of a building intended for the occupation of human beings, to put and keep it in a condition fit for such occupaion, in the absence of an,agreement to the contrary, is limited by the extent of the privilege conferred upon the tenant by section 1942; . and, the only consequence of a breach of the landlord’s obligation is that the tenant may either vacate the premises or expend one month’s rent for repairs.</p> <p>Id.—Instruction—Statement of Testimony—Absence of Notice to Agent of Landlord—Burden of Proof.—An instruction stating . the testimony showing an absence of notice to or knowledge by' the agents of the landlord of the defective condition of the floor of the porch, and stated to the jury: “If you are satisfied that that testimony is true, you can find a verdict in favor of the defendant. If not, you will find for such damages as you shall think proper to allow, hearing in mind that, in a case of -this kind, the duty of proving notice and knowledge upon the part - of the agents rests upon the plaintiff,” is properly given, and ■ does not violate section 608 of the Code of Civil Procedure, re- . quiring that if the testimony is stated, the court must inform the jury that they are the exclusive judges of all questions of fact.</p> <p>Id.—Inapplicable Instruction—Assumption of Knowledge of Defects. An instruction requested by the defendants as