Hariston v. Washington Housing Corporation

CAYTON, Associate Judge. This was a suit for damages caused by the falling of a plaster ceiling in an apartment leased by
plaintiff from defendant-owner. The lease contained the familiar clause requiring the lessee to deliver the premises 'in the
same order in which it was received, usual wear and tear, fire and storm excepted.' Plaintiff testified that a few days before
the ceiling fell she had requested defendant to repair the paper around the electric light fixture in the center of the room.
She also testified that defendant had during the four years of her tenancy kept the lights, lighting fixtures and windows
in repair and had promised to paper the kitchen walls; that she 'understood and believed' it was the owner's duty to keep
the premises in repair, since it had always made repairs and did not refuse to repair or paper the ceiling; that she had not
seen any break in the plaster, but that the paper around the light was broken and sagging and there was a crack or hole around
the light, and this she reported to defendant. It was not denied that after the ceiling fell defendant repaired it. Defendant adduced testimony as to the inspections it had made of the property, and also testimony tending to show that it
had not received notice of any defect in the ceiling. The trial Judge made a general finding for defendant and from the resulting
judgment, plaintiff appeals.