Miller v. Geeser
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The defect complained of did not occur after the letting; it was patent; there was no concealment by the landlord; it was known to the tenant before and at the time she rented the premises, to-wit, March 15, 1911, according to her own testimony.. She therefore took the apartment in that condition, and the child having no greater rights, cannot recover.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, Judge. (1) The defect complained of did not occur after the letting; it was patent; there was no concealment by the landlord; it was known to the tenant before and at the time she rented the premises, to-wit, March 15, 1911, according to her own testimony.. She therefore took the apartment in that condition, and the child having no greater rights, cannot recover. Upon the tenant’s own testimony the peremptory instructions should-have been give. Bender v. Weber, 250 Mo. 551; Quinn v. Perham, 151 Mass. 162, 23 N. E. 735;…
1Opinion of the CourtReynolds, P. J.
Action in tort by an infant through his father acting as next friend, to recover damages for an injury sustained by falling off of a porch along the second story of an apartment house owned by defendant. The petition proceeds on the theory that the porch, extending along the two apartments on the second story of the building, was for the common use -of the tenants of both apartments and that *9it was the duty of the defendant owner to keep the porch and railing surrounding it in a reasonably safe condition for the necessary and ordinary use by the tenants and members of the family, and…
2Cases cited19 opinions
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
- Glenn v. HillSupreme Court of Missouri · 1908
- Bender v. WeberSupreme Court of Missouri · 1913
- Herdt v. KoenigMissouri Court of Appeals · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Lemm v. GouldSupreme Court of Missouri · 1968
- Mahnken v. GillespieSupreme Court of Missouri · 1931
- Mudd v. GraySupreme Court of Alabama · 1917
- Gray v. PearlineSupreme Court of Missouri · 1931
- Hagemann v. PinskaMissouri Court of Appeals · 1931
26 more not listed; retrieve them via the Exa API.