129 Minn. 496 | Minn. | 1915
On June 5, 1911, defendant rented a building in Granite Falls to plaintiff’s husband, M. Ii. Keegan, by written lease, for the term of one year. Plaintiff and her husband went into possession of the premises, using the same as a restaurant and dwelling. The lease contained the condition that the lessee would not assign the same and a provision that the lessor might terminate the lease for noncompliance by the lessee with any of its conditions. On February 16, 1912, M. H. Keegan assigned the lease to plaintiff,’ his wife. L. O. Johnson, a banker at Granite Falls, who negotiated the lease and rendered some other services for defendant in connection therewith, indorsed thereon the consent of defendant to the assignment. Plaintiff and her husband thereafter continued in possession. On March 1, 1912, plaintiff was leaning over a railing of a rear platform when the railing gave way and she fell to the ground. Her claim is that the supports of the railing were decayed, and had been decayed for some time, and she brought this action to recover damages. The jury found for plaintiff, and defendant appeals.
If the lease did require the defendant to keep the premises in repair, then the instruction was correct, for the rule is that, where the lessor by his lease contracts to keep the leased premises in repair and he negligently fails to do so, he is liable to the lessee and the members of the lessee’s family occupying the same, for personal injuries received from a defective condition of the premises. The
The lessee agrees “that any alteration, improvement or addition, that he may be permitted by said first party to make,” shall be at his own expense; “that he will not make * * * any alteration * * * without the written consent of the lessor,” and that the “lessor * * * may enter the said premises for the purpose of viewing the same, or making improvements and repairs at all reasonable hours.”
The clause which permits the tenant to make alterations and improvements at his own expense on the written consent of the lessor, but not otherwise, apparently has no reference to ordinary repairs; but, if it can be construed as applying to repairs, it imposes no duty upon the lessor. It merely regulates the right of the tenant to make such alterations. The clause which provides that the lessor may enter for the purpose of making repairs surely gives to the lessor the right to make repairs, but just as surely it imposes no duty upon him to do so. It permits him to invade the possession of the lessee only in ease he sees fit to do so. Bor this error in the charge a new trial must be granted. But the case is not one for judgment notwithstanding the verdict.
Order reversed and new trial granted.