Legal Opinion

Winnike v. Heyman

Supreme Court of Iowa

Decided December 14, 1918PublishedCited by 10 opinions

Appeal from Carroll District Court. — M. E. Hutchison, Judge. Action to recover damages consequent upon the removal of a second floor constructed by a tenant in one end of the demised building, and a stairway thereto. At the close of evidence, the court, on motion, directed a verdict for defendant, on which judgment was entered. The plaintiff appeals.

1Opinion of the CourtLadd, J.

x. fixtoees: Etructlonoí con" I. MacLagan owned Lot 1 and part of Lot 2 in Block 21 in .Carroll, on which stood a brick building. The defendant, as lessee of MacLagan, occupied one room thereof, 19 feet wide and 39 feet long, and basement, as a candy store and ice cream Parl°D from about 1902 until sometime in 1916. In 1909, MacLagan conveyed the premises by warranty deed to Guy. It appears that there was a balcony at the back end, about 6 or 7 feet wide, and 7 feet above the floor, with a narrow stairway up to it. This balcony was attached by two iron rods to the joist above, and rested on a…

2Cases cited6 opinions

  1. Ray v. YoungSupreme Court of Iowa · 1913
  2. Crooks v. JenkinsSupreme Court of Iowa · 1904
  3. Stillman v. FlennikenSupreme Court of Iowa · 1882
  4. Bullard v. HopkinsSupreme Court of Iowa · 1905
  5. Shapira v. BarneySupreme Court of Minnesota · 1882

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3Cited by10 opinions

  1. Bank of Shelbyville v. HartfordCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Marty v. Champlin Refining Co.Supreme Court of Iowa · 1949
  3. Ney v. Eastern Iowa Telephone Co.Supreme Court of Iowa · 1919
  4. Goldthorp v. KeenanSupreme Court of Iowa · 1921
  5. Rosenblum v. Terry Carpenter, Inc.Wyoming Supreme Court · 1946

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

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