On the part of the tenant, we may observe that on taking possession he is at once in vested with all the rights incident to sion, and is entitled to the use of all privi leges and easements appurtenant to the premises.
He has the implied right to use the ap purtenances of a building, as an easement In a chimney on an adjoining lot; Buss v. Dyer, 125 Mass. 287; a light and air space; Case v. Minot, 158 Mass. 577, 33 N. E. 700, 22 L. R. A. 536; the use of streets for access; Edmison v. Lowry, 3 S. D. 77, 52 N. W. 583, 17 L. R. A. 275, 44 Am. St. Rep. 774; the use of elevators, but if one is in fact maintained in the building by the landlord, he is not required to run it without an agreement to do so, express or implied; Cummings v. Per ry, 169 Mass. 150, 47 N. E. 618, 38 L. R. A. 149.
The tenant may also maintain an action against any person who disturbs his posses sion or trespasses upon the premises, though it be the landlord himself ; Cook v. Transp. Co., 1 Den. (N. Y.) 91; Dickinson v. Good speed, 8 Cush. (Mass.) 119; or under the landlord's authority ; Crowell v. R. Co., 61 Miss. 631; or a third person against whom, If he is ousted, he may recover the posses sion and also have an action for damages; Tobias v. Cohn, 36 N. Y. 363 ; Schmoele v. Betz, 212 Pa. 32, 61 Atl. 525, 108 Am. St. Rep. 845; Stebbins v. Demorest, 138 Mich. 297, 101 N. W. 528. He is entitled to an in junction to restrain a nuisance affecting health and comfort in the use of the prem ises; State v. King, 46 La. Ann. 78, 14 South. 423 (for a collection of cases as to what are such nuisances, see 1 Taylor L. & T. 9th Ed. § 201, note) ; and may sue for damages to his crops, and the overflow of his lands caus ed by the wrongful act of another ; Bannon v. Mitchell, 6 Ill. App. 17 ; Baltimore & S. P. R. Co. v. Hackett, 87 Md. 224, 39 Atl. 510; St. Louis, A. & T. R. Co. v. Trigg, 63 Ark. 536, 40 S. W. 579; or the obstruction of a way appurtenant to the premises; Mor rison v. R. Co., 117 Ia. 587, 91 N. W. 793.
One who enters upon land by the permis sion, sufferance, or consent of the tenant, is at once charged by the law with the alle giance due from the tenant to his lessor ; Springs v. Schenck, 99 N. C. 551, 6 S. E. 405,
6 Am. St. Rep. 552. So a railroad company lessee is liable for injury to a passenger, though the lease was illegal and void; Feital v. R. Co., 109 Mass. 398, 12 Am. Rep. 720; and in such case the lessee may be consider ed as operating the road as the agent of the lessor, who, if the lease were void, would continue to be liable; Lee v. R. Co., 116 Cal. 97, 47 Pac. 932, 38 L. R. A. 71, 58 Am. St. Rep. 140. The tenant is also answerable for any neglect to make such repairs as he is chargeable with; supra; and is liable for injuries to third persons, his liability being precisely like that of any other occupant of 'immovable property ; Taylor, L. & T. § 192; his responsibility springs rather from his actual possession than from his relation as tenant ; Feital v. R. Co., 109 Mass. 398, 12 Am. Rep. 720. He is liable for the neg ligence of his servant or of anyone assisting the servant in performing his duties at the request of the latter ; Althorf v. Wolfe, 22 N. Y. 355; Killion v. Power, 51 Pa. 429, 91 Am. Dec. 127; Chicago v. Robbins, 2 Black (U. S.) 418, 17 L. Ed. 298;' Randleson v. Murray, 8 Ad. & El. 109 ; or for maintaining a nuisance upon the premises ; Ball v. Nye, 99 Mass. 582, 97 Am. Dec. 56; or for an injury which is occasioned by his negligence in repairing the building without sufficiently guarding against accidents to passers-by ; Sexton v. Zett, 44 N. Y. 420 ; Wright v. Saunders, 65 Barb. (N. Y.) 214, affirmed 36 How. Prac. 136, *42 N. Y. 323. He may also be liable for injuries to persons resorting to the premises on his invitation, resulting from faults in the construction of the building of which be has knowledge or reason to appre hend and fails to exercise reasonable care to prevent accident or to give warning ; Phila delphia, W. & B. R. Co. v. Kerr, 25 Md. 521; Carleton v. Steel Co., 99 Mass. 216 ; Nicker son v. Tirrell, 127 Mass. 236 ; but the visitor must himself exercise due care, and if he fails to do so he cannot recover ; Wilkinson v. Fairrie, 1 H. & C. 633.