Johnston v. Nichols

Citations

• 83 Wash. 394
• 145 P. 417
• 1915 Wash. LEXIS 688

Syllabus

<p>Landlord and Tenant — Defective Premises — Liability of Landlord and Tenant — Caveat Bmptor. In the absence of warranty or covenant to repair, the landlord is under no legal duty to find and disclose obscure defects in the leased premises of which he has no knowledge, but the doctrine of caveat emptor applies in such cases; hence the landlord is not liable for personal injuries to a tenant resulting from the giving way of a porch railing the structural weakness of which was as patent to the tenant as to the landlord.</p> <p>Judgment — Non Obstante Veredicto. Where the court can say, as a matter of law, that there is neither fact nor reasonable inference from facts to support a verdict for plaintiff, it is warranted in entering judgment notwithstanding the verdict, and is not restricted to the granting of a new trial, if on the facts the plaintiff could not state a cause of action.</p>