Towt v. City of Philadelphia

Citations

• 173 Pa. 314
• 33 A. 1034
• 1896 Pa. LEXIS 702

Syllabus

<p>Negligence — Landlord and tenant — Wharves—Failure to maintain wharf in repair.</p> <p>In an action against a city and a tenant under the city of a wharf property, to recover damages for injuries to a horse and wagon caused by failure to maintain the wharf in proper condition, where it appears that the wharf was in the possession of a subtenant at the time of the accident, although there was a covenant against subletting in the lease from the city, it is proper to instruct the jury that unless the plaintiff showed that the wharf was not in proper condition at the time of the lease from the city to the tenant, the city was not liable, and in like manner unless he showed that the wharf was in an unsafe condition at the time of the subletting, the tenant was not liable, and that his action, if he had any, was against the sublessee in possession. In such a case the breach of the covenant against subletting rendered the lease voidable, and not void, and if the city did not object, no other person could do so.</p>