Legal Opinion

Rice v. Whitley

Supreme Court of Iowa

Decided October 18, 1901PublishedCited by 13 opinions

Appeal from Mitchell District Oourl. — Hon. J. C. Sherwin, Judge. Action at law to recover damages for injuries done plaintiff’s goods through defendants’ failure to use proper care and diligence in repairing the roof of a building belonging to J. L. Whitley, deceased, in which said goods were stored. The trial court directed a verdict for defendants, and plaintiff appeals.

1Opinion of the Court

Deemer, J.-

Dr. Whitley, deceased, was the owner of' .a two-story building, the upper story of which was occupied by plaintiff as a tenant for a millinery shop which she was-conducting. There was no covenant in the lease, as we understand it, requiring the landlord to keep the premises in repair; at least none is shown in the evidence. The roof of the building was of tin, and became out of repair. Thereupon and on August 10, 1896, the owner made a contract with defendants Tomlinson & Williams to take off the old' tin roof and put on a new one. Work was commenced on the 10th day of August, and…

2Cases cited6 opinions

  1. Burruss v. HinesSupreme Court of Virginia · 1897
  2. Gould v. SchermerSupreme Court of Iowa · 1897
  3. Fairchild v. RogersSupreme Court of Minnesota · 1884
  4. Williams v. BrownSupreme Court of Iowa · 1889
  5. Becker v. JaninskiNew York Court of Common Pleas · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  2. Horton v. EarlySupreme Court of Oklahoma · 1913
  3. Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
  4. Blessing v. WeldingSupreme Court of Iowa · 1939
  5. Duncan v. RhombergSupreme Court of Iowa · 1931

8 more not listed; retrieve them via the Exa API.

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