Kalis v. Shattuck

Citations

• 69 Cal. 593
• 11 P. 346
• 1886 Cal. LEXIS 693

Syllabus

<p>Landlord and Tenant—Liability of Landlord for Nuisance.—The owner of a building in the possession and control of his tenant is not liable for the consequences to a third person of a nuisance in connection with the building, unless the nuisance occasioning the injury existed at the time the premises were demised; or unless the building was in such a condition that it would be likely to become a nuisance in the ordinary and reasonable use for the purposes for which it was constructed and let, and the landlord failed to repair it; or unless he authorized or permitted the act which caused it to become a nuisance occasioning the injury.</p> <p>Id. —Improper Use of Building by Tenant — Injury to Third Person. — The landlord of a building which is in the exclusive possession and control of a tenant is not liable for injuries to a third person by the fall of an awning belonging to the building, and constructed solely as a protection against the sun and rain, when the fall of the awning was occasioned by the negligent and improper conduct of the tenant in permitting it to be used as a standing-place for a crowd of people.</p>