Legal Opinion

Griffith v. Lewis

Missouri Court of Appeals

Decided May 5, 1885PublishedCited by 10 opinions

Error to the St. Louis Circuit Court, Lubke, J. This tenancy from the deceased owner was from month to month, not being in writing after 1881, and being in this city. — Revised Statutes, sect. 3078. The holding over after the end of the written lease of 1881, was ■only a tenancy from month to month. — Hammond v. Douglass, 50 Mo. 444. If premises were in a defective ■condition at the time of making lease, and injury ensued therefrom to plaintiffs, they coidd hold at their…

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Error to the St. Louis Circuit Court, Lubke, J. This tenancy from the deceased owner was from month to month, not being in writing after 1881, and being in this city. — Revised Statutes, sect. 3078. The holding over after the end of the written lease of 1881, was ■only a tenancy from month to month. — Hammond v. Douglass, 50 Mo. 444. If premises were in a defective ■condition at the time of making lease, and injury ensued therefrom to plaintiffs, they coidd hold at their election either lessor or lessee. — 1 Thompson, Neg., 317, sect. 12, note 7, with authorities cited. As this tenancy was…

1Opinion of the CourtThompson, J.

This was an action for damages for a nuisance. At the close of the plaintiff’s testimony the court directed the jury that the plaintiff could not recover.

The substantial averments of the petition were that the plaintiff, Mrs. Griffith, was the owner of certain premises in the city of St. Louis ; that the defendant’s intestate, Mrs. Mulford, “was on or about the 15th day of February, 1880, and for a long time before and ever since till the time of her death, hereinafter mentioned, *607.the owner and in possession of a lot of ground immediately adjoining and abutting against the above described…

2Cases cited4 opinions

  1. Ball v. NyeMassachusetts Supreme Judicial Court · 1868
  2. Merchants' Bank v. ClavinSupreme Court of Missouri · 1875
  3. Deutsch v. AbelesMissouri Court of Appeals · 1884
  4. Hammon v. DouglasSupreme Court of Missouri · 1872

3Cited by10 opinions

  1. Wagner v. KeplerIllinois Supreme Court · 1951
  2. Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
  3. Corrigan v. AntupitSupreme Court of Connecticut · 1944
  4. McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
  5. Schindler v. Standard Oil Co.Missouri Court of Appeals · 1921

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