Wunder v. McLean

Citations

• 134 Pa. 334
• 19 A. 749
• 1890 Pa. LEXIS 708

Syllabus

<p>[To be reported.]</p> <p>1. An owner of property cannot escape liability for an existing nuisance thereon, by demising it to a tenant and putting him in possession; such liability will not take the place of, nor in any manner affect that of the landlord: Knauss v. Bma, 107 Pa. 85; Fow v. Roberts, 108 Pa. 489.</p> <p>2. For a nuisance to a dwelling on adjoining property, arising in consequence of leakage from a cess-pool on demised premises, the landlord</p> <p>■ will be responsible in damages, when the leakage was caused by its improper construction, or by a defective condition, through lack of repair’s, in existence at the time the tenant took possession.</p> <p>3. But if the cess-pool was not located improperly near to the neighbor’s dwelling, was properly constructed, and was in good repair when the tenant took possession, and the leakage was due to subsequent neglect of the tenant to keep it in repair, the landlord will not be responsible for the injury, so long as the tenant remains in possession.</p>