Tarnogurski v. Rzepski

Citations

• 252 Pa. 507
• 97 A. 697
• 1916 Pa. LEXIS 651

Syllabus

<p>Landlord and tenant — Repairs—Landlord’s Undertaking .to repair —Negligent performance — Contributory negligence of tenant.</p> <p>1. Where a tenant is required under the terms of his lease to make all repairs and the landlord does not stand upon the agreement but at the request of the tenant, voluntarily undertakes to make necessary repairs to water pipes he will be liable in damages to the tenant for any injury resulting from his negligent performance of the work.</p> <p>2. Where in an action by a tenant to recover from his landlord for the destruction of certain goods by water, it appeared that under the lease the tenant was obliged to make repairs, but that the landlord on being notified by the tenant that certain water pipes were defective, promised to repair the same, and that he subsequently turned on water before the repairs were made, causing the injury complained of, it was not error to refuse to submit to the jury the question of plaintiff’s contributory negligence in failing to remove the goods before the repairs were made, as it was the duty of the landlord to see that the repairs were made in a proper manner before the premises were again supplied with water.</p> <p>Practice, Supreme Court — Appeals—Assignments of error — Defective assignments.</p> <p>3. Assignments of error complaining of the action of the court in its answers to points for charge embraced in the assignments, are defective where they fail to show any exception taken to the action of the court in the matter complained of.</p>