Murrell v. Crawford

Citations

• 102 Kan. 118
• 169 P. 561
• 1917 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Breach of Covenant to Repair — Measure of Damages. “The general rule is that on a breach of the covenant by the landlord to make repairs the measure of damages is the difference between the rental value of the premises as they were and what it would have been if they had been put and kept in repair.” (Miller v. Sullivan, 77 Kan. 252, syl. ¶ 1, 94 Pac. 266.)</p> <p>2. Same — Personal Injuries. The ordinary rule is that an award of damages for a landlord’s breach of covenant to repair a dwelling house is not extended to include a liability for personal injuries sustained by the tenant in the use of the unrepaired property.</p> <p>3. Same — ,Breach of Covenant to Repair — Damages Which Could Have Been Averted■ — Not Recoverable. Where a landlord has agreed to repair the porch of a dwelling house and fails to do so, a tenant who knows of the defective condition of the porch and continues to use it for several months cannot recover special damages for a consequent injury when by a slight outlay she might have remedied the defect and averted the injury, and could have charged such outlay to the landlord against the rent then due and unpaid.</p> <p>4. Same — Breach of Covenant to Repair — Injuries—Contributory Negligence. Where a tenant knows that the porch of a dwelling house is defective and in need of repair but continues to use it for several months, and is injured thereby, she is guilty of such contributory negligence as will bar a recovery for such injuries, notwithstanding the landlord had promised to repair the porch but failed to do go.</p>