Gralnick v. Magid
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Karl Kimmel, Judge. (1) The court erred in setting aside the nonsuit, because under the terms of the lease the lessor was not liable to the lessees for any damage caused to his personal property by water or rain.
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Appeal from St. Louis City Circuit Court. — lion. Karl Kimmel, Judge. (1) The court erred in setting aside the nonsuit, because under the terms of the lease the lessor was not liable to the lessees for any damage caused to his personal property by water or rain. (2) The court erred in sustaining, the motion to set aside the nonsuit, because under the terms of the lease if the premises were untenantable in whole or in part the lease provides that the measure of damage should be a return or remitting of the rent. (3) The court erred in sustaining said motion, because the plaintiff cannot…
1Opinion of the CourtWoodson, P. J.
The plaintiff brought this suit in the Circuit Court of the City of St. Louis against the defendant to recover damages to a stock of shoes caused by water, through the alleged negligence of the defendant in not repairing the roof of the house, after a fire, in which .the shoes were kept or stored.
Statement. The defendant owned the building in which the shoes were located and she leased it to the plaintiff for a shoe-store for two years. Plaintiff contends that it ^eeame anq wag the duty of the defendant to repair the roof within a reasonable time after the fire occurred, but which she…
2Cases cited5 opinions
- Burnes v. FuchsMissouri Court of Appeals · 1887
- O'Neil v. FlanaganMissouri Court of Appeals · 1895
- Gibson v. PerrySupreme Court of Missouri · 1860
- Sedalia Planing Mill & Lumber Co. v. Swift & Co.Missouri Court of Appeals · 1908
- Rogers v. Grote Paint Co.Missouri Court of Appeals · 1906
3Cited by14 opinions
- Kansas City Stock Yards Co. v. A. Reich & SonsSupreme Court of Missouri · 1952
- King v. SmithCourt of Appeals of Georgia · 1933
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Hargis v. SampleSupreme Court of Missouri · 1957
- Govero v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1951
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