Daniels v. BruntonDaniels v. Brunton
The defendant Brunton was the owner of a tenement house in Jersey City. The plaintiff, who was related to the tenants of one of the apartments, lived with them there. The water back of a pot stove in the kitchen of the apartment explodеd, injuring the plaintiff. He sued for damages, alleging that the explosion resulted from defendant‘s negligent failure to keep in good repair the water back and the pipes leading to it. His action was dismissеd by the court on the ground that the defendant did not appear to have been under any duty in favor of plaintiff.
We may start with the proposition that at common law there is no implied covenant by a lessor that the demised premises are suitable for the use which he is aware is intended by the lessee. Marx v. Standard Oil Co., 6 N.J. Super. 39 (App. Div. 1949). And the landlord, in the absence of covenant, is under no duty to the tenant to make repairs in ordеr to remedy defects that existed when the tenancy began or developed thereafter. Lyon v. Buerman, 70 N.J.L. 620 (Sup. Ct. 1904). If the owner should enter the demised premises during the term of the letting in order to make repairs, he would bе a trespasser. Ingwersen v. Rankin, 47 N.J.L. 18 (Sup. Ct. 1885). But a landlord is not wholly exempt from responsibility. He is bound to use reasonable care to keep in proper condition portions of the premises over which he retains control. Siggins v. McGill, 72 N.J.L. 263 (E. & A. 1905). The duty is owed not only to the tenant but to his invitee, such as the plaintiff. Hahner v. Bender, 101 N.J.L. 102 (E. & A. 1924). Usually the parts of the building for which the owner is liable, are not within the rooms that are leased to any tenant and can be insрected and repaired without entering any leased portion of the building. But in Beavens v. Springfield Institute for Savings, 20 N.E.2d 957; 124 A.L.R. 611 (Mass. 1939), it was determined that the landlord was liable for due care in respect to an oil furnace in a part of the building that was leased to the tenant,
In New York and a few other states, the approach is slightly different. The inquiry is, What part of the building does the owner actually attempt to keep in repair? That part he is held responsible for. To bring this development into harmony with the more general rule, it is considered that in such case he has not given the tenant complete and exclusive control, but has reserved to himself control to the extent of permitting him to make repairs. Antonsen v. Bay Ridge Savings Bank, 54 N.E.2d 338 (1944). See also Edelman v. Monouydas, 47 A.2d 41 (Md. 1946); Noble v. Marx, 81 N.E.2d 40 (N.Y. 1948). The actual making of the repairs is persuasive evidence of a duty. Scudero v. Campbell, 43 N.E.2d 66 (N.Y. 1942). In Dubonowski v. Howard Savings Inst., 124 N.J.L. 368 (E. & A. 1940), there had been proof that the landlord promised to repair a stairway which was used only by plaintiff, and that the landlord had made the repairs after the accident. Our Court of Errors held that the testimony of repairs presented a question for the jury, namely, whether or not the landlord retained control. Comparе Rizzi v. Ross, 117 N.J.L. 362 (E. & A. 1936), in which Justice Case said, “It is the duty of an owner to use reasonable
Thus far we have been considering the problem as if it were untouched by legislation. Our tenement house statute provides that every tenement house, where water mains are in the street, “shall have running water supplied to every water closet, sink and other plumbing fixture contained in such house, and the owner shall provide proper and suitable tanks, pumps or other appliances to receive and distribute an adequate and sufficient supply of such water to each fixture.”
There are two conflicting opinions as to the effect of tenement house statutes of this character on the rights of tenants as against their landlord. In New York and Michigan, it is held that provisions of their Tenement House Act, similar to ours, create a duty in favor of the tenant, or his invitee, on which an action against the owner can be maintаined for
In the case at bar, the evidence was such that the jury might have found: The defendant became the owner of the property a few months before the accident. He called at the apartment in question January 1, 1948, to collect the rent.
The defendant counts heavily on Clyne v. Helmes, 61 N.J.L. 358 (Sup. Ct. 1898), holding that one who is not a party to a contract cannot sue in respect of a breach of duty arising out of the contract. But the case before us is not founded on contract, but on the duty imposed on the land owner both by common law and by statute. In our opinion, the Clyne case is not applicable to the present litigation.
There are questions on which we express no opinion. The statute imposes a penalty on one who owns a tenement house, all parts of which are not maintained in good repair. Does this liability give to the landlord, by implication, the right to enter the apartment of a tenant, at reasonable hours, in order to inspect аnd repair? Assuming that no such right exists, the owner cannot safely take for granted that the tenant will deny him admission. The landlord must make such effort to keep the building in repair as a reasonably prudent man would make in view of the statute. Evers v. Davis, supra. A tenant who should refuse to allow the landlord to enter could not well complain of a failure to repair. Is constructive notice of a state of disrepair within a leased apartment enough, or must there be actual notice? We need say no more than that a state of facts that would move our ordinarily prudent man to act, is enough.
We conclude that the case should have been submitted to the jury. The judgment will be reversed, but without costs to either party.