Gray v. Gaff, 8 Mo. App. 329 (1880)

Citation: Gray v. Gaff, 8 Mo. App. 329 (1880)
Parent Document: Gray v. Gaff, 8 Mo. App. 329 (1880)
Jurisdiction: Missouri (state)
Effective Date: 1880-02-10
Original Source: https://www.courtlistener.com/opinion/6732597/gray-v-gaff/ ↗

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In the case at bar, the landlord rented adjoining premises to a tenant who erected upon the premises demised to him what is claimed to have been — and what seems to have been, under the circumstances — a private nuisance; since anything constructed on a person’s premises which by itself, or by its intended use, directly injures a neighbor in the proper use and enjoyment of his property, is a nuisance. 46 Ala. 382. But, to render the landlord responsible for a nuisance created on premises demised by him, the nuisance must be one that necessarily arises from the tenant’s ordinary use of the premises for the purposes for which they were let, and not to be avoided by reasonable care on the tenant’s part. Wood, on Nuis., sect. 175. If it is pro*335duced only by the act of the tenant, the landlord is not responsible.

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