1894 Journal of the American Medical Association (JAMA)  
the defendant was the owner of the house 76 Poplar Street, and her intestate was a tenant at will of the premises ; that in the course of making other repairs the defendant dis¬ covered that the drain was in bad condition and needed certain repairs ; that he neglected to repair it, covered it up, and did not inform her intestate, and that "by reason of said negligence . . . the plaintiff's intestate, being ignorant of the condition of said drain, contracted typhoid fever" from it. The Court
more » ... that "this defect was an ordinary defect in the drain in use on the premises, and the danger was the ordinary danger from that source. It was discov¬ ered in the course of a tenancy at will. We are of the opin¬ ion that the landlord was under no obligation to repair it, and if we are to take it that the plaintiff was ignorant of the defect as well as of the failure to repair it, notwithstand¬ ing the allegation that the defendant refused to make the necessary repairs, we are of the opinion that he was under no obligation to disclose it." If this be the law in Massachu¬ setts, or elsewhere, it behooves State Boards of Health to secure prompt correction of such legal condonation of crime against the sanitary interests of tenants. NECROLOGY.
doi:10.1001/jama.1894.02421130034010 fatcat:isnnyubw5rgxro3xkepiq6usqy