Eberson v. Continental Investment Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) Wliere a person contracts with another to perform a certain work the contractor cannot let the work out to another and escape liability, because the person to whom it is let stands in the position of an independent contractor.
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Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) Wliere a person contracts with another to perform a certain work the contractor cannot let the work out to another and escape liability, because the person to whom it is let stands in the position of an independent contractor. Prescott v. LeConte, 82 N. Y. Supp. 411; Prescott v. LeConte, 178 N. Y. 585; Schutte v. United Electric Co., 68 N. J. Law 435; Lasker, etc., Co. v. Hatcher, 28 S. W. 404; Brennan v. Ellis, 70 Huh 472; Railroad v. Meador, 50 Texas 77; Randolph v. Feist, 52 N. Y. Supp. 109; Coleman v. Central…
1Opinion of the Court
BLAND, P. J. —
The action is to recover damages caused to plaintiff’s goods by rainwater falling through a hole in the roof of the building occupied by him as tenant of the defendant. The premises are situated on North Second street, in the city of St. Louis, and were let to plaintiff, on August 1, 1901, for a term of five years, beginning on said date. The premises were used by plaintiff for the purpose of carrying on the business of manufacturing and dealing in paints. In respect to repairs the lease contained the following clause:
“Second. It [defendant] has the title to said premises and…
2Cases cited3 opinions
- Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Dillon v. HuntMissouri Court of Appeals · 1881
3Cited by8 opinions
- Bloecher v. Estate of DuerbeckSupreme Court of Missouri · 1933
- Clark v. EngelhardtLouisiana Court of Appeal · 1928
- Galber v. GrossbergSupreme Court of Missouri · 1930
- Mercury Ins. Co. v. HodgesLouisiana Court of Appeal · 1941
- Eberson v. Continental Investment Co.Missouri Court of Appeals · 1908
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