Marsan v. French

Citations

• 61 Tex. 173
• 1884 Tex. LEXIS 66

Syllabus

<p>1. Nuisance.— He who knows that a dwelling-house owned by him is used as a place for prostitution, that the sole purpose of its occupancy is to keep a house for prostitution, and who, with this knowledge, continues from month to month to rent it, and permit such occupancy, must be held to rent such property “ to be used” for a place of prostitution, and is responsible in damages to an adjacent proprietor, residing with his family on adjacent property ; he may be enjoined from continuing to permit such occupancy.</p> <p>2. Negligence.— The maxim, “ So use your own property as not to injure the rights of another,” would seem to require that a landlord should at least use reasonable care and diligence in reference to ascertaining the use to which his property is applied, and that even for negligence in this respect he might become responsible civilly for an injury which could not have resulted had he used due care and regard for the rights of his neighbors.</p>