Evening star., 1952-07-11
Appeals Court Rules
Tenant Must Keep
Premises in Repair
By w. G. PoIIord


A majority United States Court
OF Appeals ruling late yesterday
which held that a tenant renting
the premises and not the owner
is responsible for keeping it in
safe repair was denounced in a
dissent.
In strong language. Judge David
L. Bazelon wrote a dissent Of
more than seven pages, in which
he declared the responsibility
should rest with the landlord.
The majority opinion. written
by Judge Wilbur K. Miller. re-
versed a District Court jury YER
dict for $500 for injuries suffered
in March. 194S, by boy. then Z
years old, when a portion Of a
retaining wall collapsed and
struck him.
Leased From Owner.
The wall was at 1920 H street
NV. where the boy, Ralph Ma
honey, colored. was living with his
mother, Mrs. Helen Armstrong.
Mrs. Armstrong. in turn, occupied
the house with her brother, Luke
Gather, who leased the premises
through a rental agent from the
owner. Mrs. Sarah Edna Bowles,
the court said.
Mrs. Armstrong sued in District
Court for injuries suffered by her
young son. The jury returned the
verdict for $4,000 against both the
owner, Mrs. Bowles, and the Dis
trict.
The Court of Appeals, in its ma
jority ruling, held that 1t was the
duty Of Mr.. Gather ito maintain
the wall in good condition"
Landlord Is AbsoIved.
The majority opinion also de-
clared:
"The lease, a copy Of which is
in the record, does not obligate
the landlord to make repairs
There is no statute imposing that
duty on a landlord"
AS to the District, the majority
opinion declared "it had control OF
the public owned parking" in front
of the house and permitted an
owner to erect the retailing wall
the permit Tor which was issued in
1896.
"As between the owner of the
premises and the District, there
can be no doubt that the former
had the duty of maintaing the re-
tanning wall in good repair" said
the majority opinion. 1t added
though:
when Mrs. Bowles conveyed
the property and it's appurtenances
to Gather. she transferred to him
and he assumed, that primary
duty of keeping the wall SAFE"
THE majority opinion declared
that the court treated the case
as though the accident had oc-
Icurred on the premises owned By
Mrs. Bowles and leased to Gather
l"It declared, however. that the
court regarded as immaterial the
fact that the child actually was
injured" in the parking area anc
mot on the premises proper"
Courts Instructions.
In reversing the jury,s finding
the court instructed District Court
to set the verdict aside and entel
Ia judgment in favor Of both Of the
defendants-Mrs. wles, the
owner, and the District.
Courts have gradually recog.
lnized, at least in part. that the
exalted position which the land
lord held at early common Law
is discordant with the needs o1
a later day." Judge Bazelon sale
in his dissent.
Elsewhere, Judge Bazelon de.
Iclared in his opinion that the
common law rule relieving the
landlord Of responsibility "oper.
ates to defeat the interests Of
utility and justice" He quoted
from another opinion which de.
clared "the acute housing short.
age in and near the District
gives the landlord .. q great
bargaining advantage.
The majority opinion, writer
lby Judge Miller, was shared II
by Judge Kimbrough Stone, a re.
tired circuit Judge, who was sit.
ting in the Court Of Appeals her,
by designation. -