(Download) "Doran v. United States Bldg. Etc. Assn." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Doran v. United States Bldg. Etc. Assn.
- Author : Supreme Court of Montana
- Release Date : January 01, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Personal Injuries ? Landlord and Tenant ? Defect in Stairway of Leased Building ? Notice to Landlord of Defect Prior to Leasing Essential for Recovery ? Presumptions ? Insufficiency of Evidence. Personal Injuries ? Landlord and Tenant ? Defect in Stairway in Building Leased ? Negligence on Part of Landlord ? Incumbent on Plaintiff to Show Notice of Defect to Landlord Before Leasing Property. 1. To hold the lessor of a building liable in damages for injuries caused by a defective step on the theory that the defect existed prior to turning over possession to the lessee, it was incumbent upon plaintiff to show that defendant had notice, actual or constructive, of the defects causing the injury. Evidence ? Presumptions Do not Operate Backwards. 2. Presumptions do not operate backwards; i.e., from the fact that a condition exists at a particular time it may not be presumed that it existed in the past. Same ? Presumption That Thing Proved to Exist Continues as Long as Usual With Things of That Nature ? What Elements to be Taken Into Consideration. 3. In determining whether or not, in a given case, the presumption declared by section 10606, subdivision 32, Revised Codes 1921, that a thing once proved to exist continues as long as is usual with things of that nature, applies, the elements of intervening time and the permanent or temporary nature of the particular condition must be considered. Same ? Presumption may not be Made Basis for Further Presumption. 4. While from one fact found another fact may be presumed if the presumption is a logical result, a fact presumed may not be made the basis for a further presumption. Personal Injuries ? Evidence Based on Presumptions to Establish Notice of Defect of Leased Premises to Landlord Held Insufficient. 5. Held, under the above rules relating to presumptions, in an action for personal injuries sustained by a fall on a defective step in an apartment house, in which the presumption that a thing once proved to exist continues as long as is usual with things of that nature, was relied upon to establish constructive notice to the owner of the existence of the defect, that the evidence was insufficient to charge defendant with negligence under rule 1, above.
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