Fehlhauer v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Row. Jno. W. Booth, Judge. (1) The maintenance of the cellar door, under the facts, was a nuisance, and defendants Schrick, Wallhausers and Graul are, therefore, either as owners, lessees or bondsmen, liable for damages resulting from its use. Tate v. Railroad, 64 Mo. 155; Keitel v. Railroad, 28- Mo. App. 665; Mancuso v. Kansas City, 74-Mo. App. 143; City of Memphis v. Miller, 78 Mo.
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Appeal from St. Louis County Circuit Court. — Row. Jno. W. Booth, Judge. (1) The maintenance of the cellar door, under the facts, was a nuisance, and defendants Schrick, Wallhausers and Graul are, therefore, either as owners, lessees or bondsmen, liable for damages resulting from its use. Tate v. Railroad, 64 Mo. 155; Keitel v. Railroad, 28- Mo. App. 665; Mancuso v. Kansas City, 74-Mo. App. 143; City of Memphis v. Miller, 78 Mo. App. 72'; Wood on Nuisances, sec. 269; Dillon on Municipal Corp. (4 Ed.), sec. 1032. (2) Where an individual has habitually -used an unguarded cellar door in the…
1Opinion of the CourtBrace, P. J.
This is an action for damages for personal injuries. The petition upon which the case was tried is as follows:
“Plaintiff for her third amended petition states that at the times hereinafter stated the defendants Helena Wallhauser and Henry W. Wallhauser were the owners of certain premises fronting on south Second street in the city of St. Louis, Missouri, being the northwest corner of south Second and Valentine streets, and known as number 425 South Second street; that defendant Andrew W. Schrick was their lessee and tenant, and that he and the defendants John D. Graul, John Nester and R.…
2Cases cited15 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Baustian v. YoungSupreme Court of Missouri · 1899
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
- Wolf v. . KilpatrickNew York Court of Appeals · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. MessinoSupreme Court of Missouri · 1930
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Kelly v. Laclede Real Estate & Investment Co.Supreme Court of Missouri · 1941
- Benton v. City of St. LouisSupreme Court of Missouri · 1913
17 more not listed; retrieve them via the Exa API.