Fisher v. Goebel
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Instruction given for plaintiff: 1. If the jury find from the evidence that the defendant neglected and failed to build a suitable and sufficient wall and fence along the south side of the domicil premises as provided in the lease read in evidence, and if the jury further find from the evidence that by reason of the failure of the defendant to build such wall and fence the plaintiff sustained damage and injury, then the plaintiff is…
Read the full summary
Error to St. Louis Court of Common Pleas. Instruction given for plaintiff: 1. If the jury find from the evidence that the defendant neglected and failed to build a suitable and sufficient wall and fence along the south side of the domicil premises as provided in the lease read in evidence, and if the jury further find from the evidence that by reason of the failure of the defendant to build such wall and fence the plaintiff sustained damage and injury, then the plaintiff is entitled to recover in this action. The court, on its own motion, gave instruction No. 6 to the jury: 6. If the jury…
1Opinion of the CourtHolmes, Judge
The plaintiff had leased from the defendant the premises called the “Flora Garden,” situated on the corner of Seventh street and Geyer avenue, in 1855. There was a cut some fifteen or twenty feet deep on Geyer avenue, and the lessor covenanted in the lease that he would build at his own expense a rock wall and fence on that side; and the lessee* covenanted to keep the leased property in a state of repair-.. Some two years after this wall was erected, it fell down by-parts by the action of the elements. The defendant was-called upon to rebuild it, but before this was done the plaintiff…
2Cases cited1 opinion
- Walker v. SwayzeeNew York Court of Common Pleas · 1856
3Cited by10 opinions
- Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
- Roberts v. LehlColorado Court of Appeals · 1915
- Chicago & Alton Railway Co. v. BuckAppellate Court of Illinois · 1884
- Schenk v. ForresterMissouri Court of Appeals · 1903
- Transport Manufacturing & Equipment Co. v. Fruehauf Trailer Co.Court of Appeals for the Eighth Circuit · 1961
5 more not listed; retrieve them via the Exa API.