City of Memphis v. Miller
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Beuben F. Eoy, Judge. The tenant and the tenant alone is liable for an injury that occurs to a traveler on the sidewalk while property is in possession of the tenant. City of Lowell v. Spoulding, 50 Am.
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Appeal from the Scotland Circuit Court. — Hon. Beuben F. Eoy, Judge. The tenant and the tenant alone is liable for an injury that occurs to a traveler on the sidewalk while property is in possession of the tenant. City of Lowell v. Spoulding, 50 Am. Dec. 775. See especially pages 780 and 781, where it is said if there is no nuisance either active or dormant at the time of letting, but a nuisance occasioning injury to a third person caused by the lessee’s negligent use -of the premises, the lessor is not liable, if there is no agreement to repair and the property being in possession of a…
1Opinion of the CourtBland, P. J.
The defendant is the owner of a store building and the lot on which it is situated fronting on Main street in the city of Memphis, Missouri; the building has a cellar or basement, to reach which from the sidewalk in front the defendant excavated an area in the sidewalk four feet wide and six or eight feet long extending from an opening in the cellar wall to within eighteen to twenty-four inches of the outer edge of the sidewalk; this area he bricked up on the sides and outer end; on this brick wall he placed a frame, and on the sill over the opening in the cellar he nailed a 2x8 piece of…
2Cases cited10 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Wolf v. . KilpatrickNew York Court of Appeals · 1886
- Ward v. FaginSupreme Court of Missouri · 1890
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Gordon v. PeltzerMissouri Court of Appeals · 1894
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3Cited by7 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Kinloch Telephone Co. v. City of St. LouisSupreme Court of Missouri · 1916
- Rose v. Gunn Fruit Co.Missouri Court of Appeals · 1919
- Brown v. Town of CarrolltonMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.