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222
UNHEALTHY HOUSES: THE LIABILITIES OF
LANDLORDS.
Towards the close of the year another of those useful actions
which have done so much to define the liabilities of landlords in
respect of the letting of insanitary houses, came before the Courts,
and with a satisfactory issue. It was an action brought to recover
damages for misrepresentation in respect of the drainage of a
house, the landlord's agent, who had done the repairs, having
alleged that it was perfect in every respect, whereas both the bath
and the scullery sink-wastes were directly connected with the
drain through the medium of the soil-pipe—an insanitary arrangement
by no means rare. The plaintiff's case was to the effect
that he went into possession in November, 1887; in December
or January following, scarlatina broke out, and in February three
of his children were attacked by diphtheria, and one of them died.
As a result he was put to great charges for medical and other
expenses. On the other hand, the defendant denied that he had
acted in any way except perfectly bond fide; and the plaintiff
having left in April, 1888, defendant counter-claimed for a year's
rent. Counsel for the defence relied on the honest belief of the
defendant in the truth of what he said, and further, that in fact
the drains were in November, 1887, in good order. Mr. Justice
Cave, in summing-up, pointed out that the plaintiff must make
out (1) that defendant was guilty of misrepresentation; or (2) that
the agent was; and (3) that the agent had defendant's authority
for making statements as to the drains. An ordinary agent had
not such authority, but here, the agent having actually done the
repairs, and knowing a great deal more about the house than the
defendant did, it would be for the jury to consider the question of
authority. It was in evidence that when the plaintiff had
mentioned the agent's name to defendant as having made a
statement as to the drains, defendant had never repudiated that
statement, but had rather affirmed it. The jury found for the
plaintiff on the claim and counter-claim; damages £85, for which
sum his lordship gave judgment, with costs.