Salter v. Gordon, 200 N.C. 381 (1931)

Feb. 18, 1931 · Supreme Court of North Carolina

200 N.C. 381

CLARA A. SALTER v. EDMUND GORDON.

(Filed 18 February, 1931.)

Negligence A c — Where landlord is not under duty to repair premises, sublessee may not recover from him for injury resulting from failure to repair.

For damages against a landlord caused by a negligent condition of the premises a sublessee can have no greater claim against the landlord than his lessor, and in the absence of evidence that the landlord was under obligation to keep the premises in repair a judgment as of nonsuit is properly entered.

Appeal by plaintiff from Harris, J., at September Term, 1930, of CuRRitucK.

Affirmed.

George J. Spence for. plaintiff.

G. B. Morris and M. B. Simpson for defendant.

Pee Cukiam.

Tbe defendant owned a building in Norfolk, Virginia, wbieb bad been rented by tbe plaintiff’s busband as sublessee. On tbe second story there was a balcony from wbieb tbe plaintiff fell to tbe pavement, sustaining personal injury. Sbe brought suit for damages, alleging that her fall was due to tbe negligence of the defendant in failing to keep the railing on tbe balcony in a reasonably safe condition. At tbe close of tbe plaintiff’s evidence tbe action was dismissed as in case of nonsuit.' Tbe plaintiff excepted and appealed.

A sublessee can have no greater claim against tbe landlord than tbe tenant would have under like circumstances. Jordan v. Miller, 179 N. C., 73. In tbe absence of an agreement as to repairs tbe landlord is not obligated to beep tbe building in repair for tbe benefit of bis tenant. Improvement Co. v. Coley-Bardin, 156 N. C., 255; Fields v. Ogburn, 178 N. C., 407; Tucker v. Yarn Mill Co., 194 N. C., 756. Tbe record contains no evidence of tbe landlord’s agreement to make repairs. Judgment

Affirmed.