Martindale Clothing Co. v. Spokane & Eastern Trust Co.

Citations

• 79 Wash. 643

Syllabus

<p>Landlord and Tenant — Damages From Freezing Water Pipes— Negligence — Question for Jury. The negligence of a landlord of a two-story building, the different floors of which were leased to separate tenants, in failing to prevent the pipes from freezing and flooding the lower story, is a question for the jury, where there was evidence that one cut-off for that purpose was so located as not to attract the attention of the upper tenant, in the exercise of reasonable care, and that the landlord did not point it out to him, so that the upper tenant was not guilty of negligence in failing to discover it and shut off the water.</p> <p>Same — Contributory Negligence — Question for Jury. A tenant in a lower story is not guilty of contributory negligence, as a matter of law, preventing a recovery for damages when pipes in the upper story were frozen and burst, flooding the lower premises, from the fact that, in the basement occupied by him, there was a cut-off to the pipe serving the second story which, if used, would stop the flow of water to the upper story; since the pipe was not under his control and he was not bound to anticipate the negligence of the upper tenant in not taking proper precautions to prevent the pipes from freezing.</p> <p>Same — Injury to Tenant’s Goods — Lease—Effect of Provisions. A provision in a lease, compelling the tenant to make all “interior repairs,” has no bearing on an action for damages against the landlord and an upper tenant for negligently allowing a water pipe to freeze and burst, flooding plaintiff’s premises.</p>