M'Laughlin v. Long

tll^caseClunatme

Appeal from Baltimore county court. The appellant, (the plaintiff in the court below,) brought an action of trespass on the case against the appellee, to recover damages for an injury sustained by the plaintiff from a tortious of the defendant, in committing waste upon premises which the plaintiff was a lessee for years. A verdict was found for the plaintiff, subject to the opinion of the court, upon the following case, yiz. The plaintiff had rented, for one year only, the room mentioned in the declaration-, wherein the waste was alleged to have been committed, and held the‘same as tenant only for one year, and rented it to the defendant for two years. The contract of renting to the defendant was in writing, and delivered to him. at the time it was made. That said room was part of a tenement which the plaintiff had rented for one year, and held as tenant for that time; and at the period of renting it to the defendant, the plaintiff took upon himself the chance of renting- the same from the owner of the freehold estate to which it belonged, for a second year. That the defendant occupied the room for nine months, and during that time the injury complained ofin the declaration was done. The court below gave-judgment for the defendant, and the plaintiff appealed to this court. cited Com. Big. tit. Action on-the Case, {A.) White vs. Wagner, in this court, June term 1818. Poultney vs. Holmes, 1 Strange, 405. Caghill vs. Freelove, 3 Mod. 325. Walker’s case, 3 Co. 24. 1 Saund. 241. West vs. Freude, Cro. Car. 187. Winn vs. White, 2 Blk. Rep. 840. Green vs. Cole, 3 Saund. 252. 1 Bae. Ab. 72j ¿r 2 Carnpb. 11. referred to Bae. Ab. tit. Waste, (G-.) 263. 1 Chit. Plead. 142. Goodright vs. Peters, 8 East. 190. 2 Chit. PI. 344, (n. 2.) 2 Saund. 252f (n. 7.) 3 Saund. 252. 2 Bla. Rep. 1111. 1 Taunt. 183. 4 Taunt. 764. 1 Saund. 323. b. (n. 7.) Bae. Ab. tit Waste, (J.) 271, 273. 2 Blk. Com. 178.