Palmore v. Morris, Tasker & Co.

Citations

• 182 Pa. 82
• 37 A. 995
• 1897 Pa. LEXIS 772

Syllabus

<p>Negligence — Visible defeat in building — Change of ownership — Vendor and vendee.</p> <p>In an action to recover damages for personal injuries caused by the fall of a dangerous and badly secured gate in a building adjoining a public sidewalk, recovery cannot be had against the defendant where it appears that on the day before the accident the defendant had conveyed the property by deed to another person, and that the grantee had taken possession of it. In such a case the grantee in possession is the person liable for the injury, since the law presumes that he 'examined the property before entering into possession, and was cognizant of its situation, its surroundings, and the character of the structures upon it, as well as the condition of their repair.</p>