Pennsylvania Law Series 1

Cover Pennsylvania Law Series 1
Pennsylvania Law Series 1
University of Pennsylvania. Law School
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When the Result of a Use not Oontemplated by the Landlord.
It would seem that a distinction should be made be- tween "use" — ^purpose, and the "manner of enjoying a use or purpose/' The distinction is shown by the facts of Rich vs. Basterfield (1). There the "use" or purpose was as a coffee house, and the "manner of enjoying the use" was by burning coal, coke or other fuel.
At this point I shall treat of use in the sense of "man- ner of*enjoying a use," inasmuch as the law in reference to "use"
... in its strict sense is too clear for discussion, a landlord never being liable for an unlawful use or pur- pose, when he lets for a lawful one, as, if I rent a prop- erty, specifying that it is to be used only as a respect- able restaurant, and my tenant uses it as a place for immorality without my knowledge.
Under this head, Jackson and Gross refer us to the familiar case of Rich vs. Basterfield. There it appeared that the defendant rented the premises as a coffee house.
By the use of coal, the chimney, by reason of its situation with respect to the house of the plaintiff, became a nui- sance.


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