14 Wash. 635 | Wash. | 1896
The opinion of the court was delivered by
This appeal was from a judgment rendered in favor of the defendants upon a motion for a non-suit made at the close of plaintiff’s case, and the action of the court in sustaining the motion for a non-suit and rendering the judgment must, in our opinion, be affirmed; first, for the reason that the defects in the construction of the hotel, which it is alleged were the cause of the injury to the plaintiff, were not those for which the defendants were responsible; and second, for the reason that the defects, if any, in such construction were so brought home to the knowledge of the plaintiff that in occupying a room in the hotel he accepted the risk growing out of such defect of construction.
There was nothing in the evidence which tended to show that the building itself was not properly constructed, or that it was in any way unsafe for the purpose for which it was designed before the upper story thereof had been fitted up as a hotel by the lessee, in pursuance of the agreement above referred to. On the contrary it clearly appeared from the evidence that the building was so constructed as to be entirely safe at the time it was leased to Stevens. Such being the fact, the respondents, as landlords, would not be responsible to a guest of the lessee for dangers flowing from improvements which the lessee had placed upon the premises after taking possession under his lease.
There is some difference in the authorities as to the circumstances under which a landlord will be held responsible for dangers which are brought about by
Upon the question of contributory negligence: It appeared from the undisputed evidence that the plaintiff had been a guest of the hotel for such a time that he knew, or had an opportunity to know, all about the alleged defective construction which it is claimed was the cause of his injury, and, if knowing of such defects he voluntarily elected to occupy his room, he must be held to have elected to take the chances. If the construction was in fact such as to make it dangerous for a guest to occupy a room in the hotel, the plaintiff was guilty of contributory negligence when, with a knowledge of the defective construction he remained a guest of the hotel.
The question raised by the appellant as to the effect of the plea of contributory negligence upon the denials by the defendants of any negligence on their part, was decided adversely to the contention of appellant in Pugh v. Oregon Imp. Co., ante, p. 331, and cases therein cited.
Judgment affirmed.