This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1887 edition. Excerpt: ...instruction covered the
whole law of the case. When we say that all the prayers were
rejected, we should except the fifth prayer of plaintiff, and sixth
of defendant. The defendant does not of course appeal from the
granting of his own prayer, and we do not understand the defendant
as making any serious contention against the plaintiff's fifth
prayer, and we may therefore confine ourselves to the Court's
instruction. That instruction substantially laid down the law to
be, and so instructed the jury, that if they found that the
defendant was the owner of the wharf, and that he rented it out to
a tenant, and that at the time of the renting, the wharf was
unsafe, and defendant knew, or by the exercise of reasonable
diligence could have known, of its unsafe condition, and that the
accident happened in consequence of such condition, the plaintiff
was entitled to recover. Of the correctness of the rule so laid
down, provided the jury found the facts, we think there can be no
reasonable Albert t8. State, use of Ryan. doubt. The law is very
tersely laid down as far back as the case of Roswell vs. Prior, in
12 Modern R., 639, where the Court say: "This action is well
brought against the erector, for before his assignment over he was
liable for all consequential damages; and it shall not be in his
power to discharge himself by granting it over." There are many
cases to the same effect, but it will be suflicient for us to cite
the case of Owings vs. Jones, 9 Md., 108, where the Court adopt
this rule laid down in 56 E. C. L. R., 784: " Where' the owner
leases premises which are a nuisance, or must in the nature of
things become so by their user, and receives rent, then, whether,
in or out of possession he is...
|Country of origin:
Maryland Court of Appeals
||246 x 189 x 11mm (L x W x T)
||Paperback - Trade
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