Yall v. Gillham
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) There is no duty under the common law upon any one to equip a building with fire-escapes. Pauley v. Gauge & Lantern Co., 131 N. Y. 90; Jones v. Granite Mills, 126 Mass. 84; Keith v. Granite Mills, 126 Mass. 90; Schmalzreid v. White, 97 Tenn. 36; 13 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) There is no duty under the common law upon any one to equip a building with fire-escapes. Pauley v. Gauge & Lantern Co., 131 N. Y. 90; Jones v. Granite Mills, 126 Mass. 84; Keith v. Granite Mills, 126 Mass. 90; Schmalzreid v. White, 97 Tenn. 36; 13 Am. and Eng. Ency. of Law (2 Ed.), 82. (2) Section 9036, Revised Statutes 1899, has no application to this case, and was repealed by the act of 1901. Johnson v. Snow, 102 Mo. App. 239. (a) Statutes are to be construed with reference to the common law. Endlich on…
1Opinion of the Court
MARSHALL, J. —
This is an action to recover five thousand dollars damages for the death of the plaintiff’s husband, Morris Yall, on February 9, 1902, while a boarder in the defendants ’ lodging-house or hotel, at Nos. 2700 and 2702 Olive street, in St. Louis, by the burning of said building. The plaintiff recovered a judgment for five thousand dollars, and the defendants appealed.
Tlie petition, after alleging that the plaintiff is the widow of the deceased, and that the defendants were conducting and operating a hotel or lodging-house in the said building, which was known as the Empire Hotel,'…
2Cases cited4 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Cole v. ArmourSupreme Court of Missouri · 1900
- State v. RollerSupreme Court of Missouri · 1882
3Cited by7 opinions
- Yall v. SnowSupreme Court of Missouri · 1907
- In Re Poindexter v. Pettis CountySupreme Court of Missouri · 1922
- Collins v. TwellmanSupreme Court of Missouri · 1939
- Helton v. HawkinsMissouri Court of Appeals · 1927
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
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