Borders v. Roseberry Kan. Sup. Ct.,

Facts

Roseberry (D) is the owner of a single-family, one-story residence. D leased the property on a month to month basis to a tenant, Rienecker. Just prior to the time the tenant took occupancy of the house the D had work performed on the house. The remodeling of the house included a new roof. The repairmen removed the roof guttering from the front of the house but failed to reinstall it. The landlord knew the guttering had been removed by the workmen, intended to have it reinstalled, and knew that it had not been reinstalled. Without the guttering, the rain drained off the entire north side of the house onto the front porch steps. In freezing, weather water from the roof would accumulate and freeze on the steps. D, as well as the tenant, knew that the guttering had not been reinstalled and knew that without the guttering, water from the roof would drain onto the front porch steps and in freezing weather would accumulate and freeze. The tenant had complained to D about the absence of guttering and the resulting icy steps. On January 9, 1971, the tenant worked on the front steps, removing the ice accumulation with a hammer. P arrived on the premises at approximately 4:00 p. m. in response to an invitation of the tenant for dinner. It is agreed that P's status was that of a social guest of the tenant. There was ice on the street and snow on the front steps when P arrived. At 9:00 p. m. P was leaving the house he slipped and fell on an accumulation of ice on the steps and received personal injuries. Following submission of the case the trial court entered judgment for D. A landlord of a single-family house is under no obligation or duty to a social guest, a licensee of his tenant to repair or remedy a known condition whereby water dripped onto the front steps of a house fronting north froze and caused P to slip and fall. P appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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