Marshall v. Price

Adkins, J., delivered the opinion of the Court. Appellees were owners of a lot on the corner of Mechanic and Valley Streets in the City of Cumberland, Maryland, on which was a brick building. They also owned the adjoin ⁶⁸⁸ ing lot. The ground floor of the building with a small part of the adjoining lot was leased to- John Miller and Oscar Porter for an automobile repair shop.

There was an entrance from said shop to- the vacant lot. In September, 1930, the lessees of the shop constructed a pit on their p-art of said lot close to the shop-, for the use of workmen in oiling and repairing cars. The second floor of the building was leased to- Harley Wagner as an apartment, to- which there- was an entrance from Mechanic Street and also- a rear entrance which opened on a porch facing the open lot. Both leases were oral, -and there was no agreement as to repairs- At the time these leases were made, there was no pit on the property.

Appellees knew nothing- about it until it was completed, and had nothing to do with constructing or maintaining it. On the rear end of the vacant lot were three garages facing Mechanic Street, the entrance to which was from said street over said vacant lot. These garages belonged to- appellees. Mrs. Wagner rented them for the owners and collected the rents.

From a plat in the record and other evidence, it appears that there was access to the- three garages from Mechanic Street over the vacant lot without going over the part of the lot leased to Miller and Porter, in which the p-it was dug. On April 9th, 1931, the appellant was visiting his niece, Mrs. Wagner, wife of the tenant of the apartment, and was injured by falling into the p-it, and subsequently sued the .appellees. Mrs. Wagner describes the accident as follows : '“My car was sitting in the driveway to- the first garage. I went down stairs to- the lower hall^with Mr. Marshall. * * * .1 guess my uncle went out the back door first.

I didn’t see him because I went back upstairs for my keys. * * * My car was standing just opposite the pit. I told him to- go over to the car and I would be back. The first thing I knew when I came down I went to the rear door and saw something had happened, and he told me he was hurt.” Marshall testified that it was dark and he stepped into- the pit while- crossing from the rear door to the car. At. the conclusion of the -testimony, the court granted two ⁶⁸⁹ demurrer prayers offered by defendants.

Tbe -only exception was to the granting of these prayers. We find no error. The law is well settled that, when the owner has parted with his control, the tenant has the burden of the proper keeping of the premises, in