The Girl's Own Paper, Vol. XX, No. 1024, August 12, 1899Various
General
The Girl's Own Paper, Vol. XX, No. 1024, August 12, 1899
Various
Children's literature -- Periodicals
No one could possibly assert that a house whose drainage was out of
order was fit for habitation; so that, if your landlord is ill-advised
enough to bring an action against you, you need have no fear of the
result. But I fancy that he is only trying it on, and will abandon his
claim when he finds that you are determined to resist it.
It was fortunate for him that you did not stay on in his house and
contract typhoid fever, or something of the kind. If one of you had
done so, you might have taken action against the landlord for damages
and compensation.
What I have just written only applies to the hire of a furnished house.
The law on the letting of furnished lodgings is quite different.
There is no implied warranty that the lodgings shall continue fit for
habitation during the term.
I know of a case where a friend of mine took lodgings at the seaside
for his wife and family, and while they were staying there one of the
landlady’s children became ill with scarlet fever; but, as she did
not wish to lose her lodgers, the landlady concealed the fact of her
child’s having the fever from my friend. The consequence was that my
friend’s wife and child also became stricken with the fever, and he was
put to a lot of expense for medical attendance, nursing, etc. But he
was unsuccessful in an action which he brought to recover such expenses
as damages, because the jury found that the house was healthy at the
time of the letting. And the judges of the Appeal Court laid down the
axiom that there is no implied agreement in the letting of furnished
lodgings that they shall continue fit for habitation.
If a landlady were to let out lodgings knowing that one of the inmates
of her house was suffering from an infectious disease, I have no doubt
that she would render herself liable to a claim for damages if one were
subsequently brought against her; and it may give you, my dear Dorothy,
some satisfaction to learn that she would certainly be liable to a
criminal prosecution involving a heavy fine or imprisonment.
“Trespassers will be prosecuted” is a notice which one frequently sees
in the country; but it is an empty threat. Provided you are careful to
do no damage to the grass, you may trespass as much as you please. Very
often you will find such notices stuck up in fields over which there is
a right of way. In such cases the notice simply means that you should
keep to the footpath and not trample down the grass. It has been said
that it is no offence to take mushrooms, blackberries, primroses, or
wild plants of any kind or to trespass to find them.
Of course this only applies to mushrooms which are growing wild; but it
still applies even when such mushrooms may be a source of profit to the
owner of the field, provided they are growing wild and not in a state
of cultivation.
Public-domain text, read in full here on John Shaqi.
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