90 So. 919 | La. | 1922
This is an action by a ten.ant against her landlord for damages for personal injuries resulting from the breaking of a floor in the leased building. The suit is founded upon 'article 2695 of the Civil Code, which declares that the lessor guarantees his lessee against vices or defects in the leased premises and is bound to indemnify the lessee for any loss that he may suffer by reason of such vice or defect. The civil district court gave judgment in favor of plaintiff for $500; and defendant has appealed. In answer to the appeal, plaintiff prays that the amount of the judgment be increased to $5,000.
The defense is, primarily, a denial that the floor was rotten and that the accident happened as alleged, and an averment that plaintiff had a fainting spell and fell on the floor. In the alternative, defendant contends that, if the floor was rotten and did break, as alleged, plaintiff was guilty of contributory negligence in neglecting to have the floor repaired and to deduct the expense from the rent.
The judgment appealed from is affirmed, at the cost of appellant.