Ward v. Fagan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. As between landlord and tenant, there is no implied obligation on the part of the landlord that the property is in a safe condition. 1 Taylor’s Landlord & Tenant [8 Ed.] sect. 382; Moak’s Underhill on Torts, 248, and cases cited. Yai v. Weld, 17 Mo. 232; Peterson v. Smart, 70 Mo. 34, 38 ; Bogan v. Doclcery, . 23 Mo.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. As between landlord and tenant, there is no implied obligation on the part of the landlord that the property is in a safe condition. 1 Taylor’s Landlord & Tenant [8 Ed.] sect. 382; Moak’s Underhill on Torts, 248, and cases cited. Yai v. Weld, 17 Mo. 232; Peterson v. Smart, 70 Mo. 34, 38 ; Bogan v. Doclcery, . 23 Mo. App. 313; 1 Thompson on Negligence, p. 323, sect. 3; Davis, Adm’r, v. Smith, 15 Mo. 467. If the premises are in good order when demised, bnt afterwards become dangerous, a lessee out of possession, who has sublet to…
1Opinion of the CourtRombauer, J.
The defendant was the lessee of a certain building, and sublet one room therein to the plaintiffs, who, at the date of the grievance hereinafter stated, occupied it as a sample-room for their wares. This room was separated by a hall, or passageway, from the western main wall of the building. In June, 1886, this main wall fell, owing to an excavation made in its vicinity by an adjoining proprietor, and by its fall caused damages to the plaintiffs’ wares and property within the room leased by them. The plaintiffs thereupon brought the present action against the defendant, before a justice of…
2Cases cited7 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Cole v. McKeyWisconsin Supreme Court · 1886
- Krueger v. FerrantSupreme Court of Minnesota · 1882
- Toole v. BeckettSupreme Judicial Court of Maine · 1878
- Peterson v. SmartSupreme Court of Missouri · 1879
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3Cited by3 opinions
- Payne v. IrvinIllinois Supreme Court · 1893
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921
- McCarthy v. FaginMissouri Court of Appeals · 1888