Mesher v. Osborne

Citations

• 75 Wash. 439
• 134 P. 1092
• 1913 Wash. LEXIS 1731

Syllabus

<p>Death — Wrongful Death — Right of Action — Survival — Statutes — Implied Repeal. The basis of the cause of action for wrongful death originally given by Rem. & Bal. Code, § 183, to the heirs or personal representatives of the deceased, is distinct from the basis of the cause of action given by § 184 to a father or mother for the wrongful death of a child; hence the amendment in 1909 of § 183, extending that cause of action to the “parents, sisters or minor brothers dependent” upon the deceased for support, and of § 194, extending the provision for survival of such causes to such dependents, did not impliedly repeal § 184; the one being for loss of support, and the other being for loss of service.</p> <p>Landlord and Tenant — Premises—Defects—Injuries—Liability. The liability of a landlord as for a tort for injury from latent defects, known to him and unknown to the tenant, does not rest upon breach of contract.</p> <p>Same-^Injury to Guest. The right of a guest of a tenant to recover from the landlord for injuries suffered by reason of defective premises, is in no way superior to the right of the tenant.</p> <p>Same — Premises—Condition—Caveat Emptor. In the' absence of an express provision to the contrary, a tenant takes the premises as he finds them, and the maxim of caveat emptor applies.</p> <p>Same — Condition of Premises — Inspection. In the absence of a covenant to repair, the landlord owes no duty to inspect the premises to discover latent or unknown defects.</p> <p>Same — Latent Defects- — Duty to Inspect. Where a landlord agrees to put the premises in repair and to keep them in repair during the term, he owes the duty to the tenant and his guests to make a reasonable inspection for concealed defects unknown to and undiscoverable by a reasonable inspection on the tenant’s part; and hence is liable for the -death of a child visiting the tenant, which fell into a concealed and covered cesspool, the existence of which was unknown to the tenant, and the dang