Rutherford v. Wabash Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — How. John A. Hocicaday, Judge. (1) The plaintiff was not entitled to recover in this case because, under the lease in evidence, whose validity is unquestioned here, the plaintiff assumed the risk of fire to the entire plant, whether located on defendant’s land or not. Eailroad v. Eailroad, 108 Ho. 298; Taylor on Landlord and Tenant [5 Ed.], sec. 161; Woodfall on Landlord and Tenant [1 Am.
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Appeal from Randolph Circuit Court. — How. John A. Hocicaday, Judge. (1) The plaintiff was not entitled to recover in this case because, under the lease in evidence, whose validity is unquestioned here, the plaintiff assumed the risk of fire to the entire plant, whether located on defendant’s land or not. Eailroad v. Eailroad, 108 Ho. 298; Taylor on Landlord and Tenant [5 Ed.], sec. 161; Woodfall on Landlord and Tenant [1 Am. Ed.], p. 141; "Wood on Landlord and Tenant [2 Ed.], secs. 208 and 209; Baker v. Bessey, 73 He. 472; 1 Am. and Eng. Ency. Law, 642; Ins. Co. v. Eailroad, 70 Eed. Eep.…
1Opinion of the CourtBrace, P. J.
— This is an action for damages to plaintiff’s property by fire caused by one of defendant’s engines. The defense was that plaintiff by contract assumed the risk of damage by fire to his premises. The case was tried and adjudged below on the contract and an agreed statement of facts. The judgment was for the plaintiff for $3,000 and the defendant appealed. The agreed statement of facts is as follows:
“The parties, plaintiff and defendant, by their respective attorneys, for the purpose of this trial and for use in this case at any time, agreed upon and admitted the following statement of facts:
“…
2Cited by6 opinions
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- Kansas City, Fort Scott & Memphis Railroad v. B. F. Blaker & Co.Supreme Court of Kansas · 1904
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
- Ordelheide v. Wabash RailroadSupreme Court of Missouri · 1903
- Ordelheide v. Wabash Railroad Co.Missouri Court of Appeals · 1899
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