Wood v. Monteleone

Citations

• 118 La. 1005
• 43 So. 657
• 1907 La. LEXIS 839

Syllabus

<p>1. Landlord and Tenant — Trespass by Landlord — Action por Tort — Evidence.</p> <p>Plaintiff who is the lessee of the upper stories of a building sues the defendant, her lessor, for damages for having illegally sent workmen into her premises, who tore up the lower flooring and diminished the height of her rooms, depriving her of the full and peaceable possession of the leased premises and filling the lower rooms with dirt and rubbish. The defense is that plaintiff consented to what was ■done; that the alterations were beneficial to her; that the action is one ex contractu, and damages, if due, ai'e fixed by the rules governing violation of conventional obligations.</p> <p>Held, the action is not one “ex contractu,” but “ex delicto.” Defendant went entirely dehors the contract relations between the parties, •and he was responsible for his actions as for ;a tort just as any other person would have been for the same acts. His ownership gave him no vantage ground, but, on the contrary, his legal obligations as lessor made it more imperative on him than on a stranger to respect her rights. Quoad consent to the making of the alterations defendant carried the burden of ■proof, and he failed to sustain the burden.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, §§ 460-463.]</p> <p>:2. Same.</p> <p>It was for the plaintiff, and not the defendant,, to determine whether the alterations were •advantageous or desirable, even benefits cannot be forced upon a person against his will.</p> <p>[Ed. Note. — Eor cases in point, see Cent, Dig. vol. 32, Landlord and Tenant, §§ 460-463.]</p> <p>:3. Damages — Torts.</p> <p>Damages for a tort may be assessed without ■calculating altogether the pecuniary loss of the party. Dudley v. Tilton, 14 La. Ann. 283; Caspar v. Prosdame. 34 South. 317, 46 La. Ann. 39; Euselier v. Telephone Co., 24 South. 274, 50 La. Ann. 800; Lobe v. Cary, 33 La. Ann. '914; Williams v. McManus, 38 La. Ann. 161, 58 Am. Rep. 171; L