Le Vette v. Hardman Estate

Citations

• 77 Wash. 320
• 137 P. 454
• 1914 Wash. LEXIS 897

Syllabus

<p>Landlord and Tenant — Lease—Conditions—Exemption of Damages — Negligence of Lessor — Liability. A provision in a lease of a storeroom that the lessee shall hold the lessor harmless from all damages by reason of accidents on the premises or the bursting of pipes, above, upon, or about the building or any damage occasioned by water, or the acts or neglect of cotenants, only includes the damages expressly waived, and does not excuse an injury occasioned by the negligence of the landlord.</p> <p>Same — Defective Premises — Damages to Tenant — Negligence of Landlord — Evidence—Question for Jury. The negligence of the lessor of a storeroom on the ground floor of a hotel building, in failing to control and keep the upper stories in a condition of reasonable safety, is for the jury, where it appears that the upper tenant moved out, and the upper part of the building was broken into several times and a washstand torn out, leaving a water pipe broken, the water having been turned off; and, upon renting a vacant house in the rear connected with the same water service pipe, the lessor had the water turned on without making an investigation of the upper stories, whereby the water escaped and damaged the lessee’s goods in the storeroom.</p> <p>Principal and Agent — Liability of Agent. A tenant who dealt with a known owner and sought to hold the owner liable for injury to goods, cannot hold the owner’s rental agent.</p>