Shindelbeck v. Moon
Ohio Supreme Court
Error to the District Court of Defiance county. This is a demurrer to an amended petition, which is- as follows: “ The said plaintiff says that at the time of the injuries hereinafter alleged, the said defendant, Simon Peter Moon-, was, and for a long time prior thereto had been, the owner, and the said defendant, Francis Brooks, the lessee, and possessed of the following premises, situate in said county, to wit, the north part of lot No. 94, in the incorporated village of…
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Error to the District Court of Defiance county. This is a demurrer to an amended petition, which is- as follows: “ The said plaintiff says that at the time of the injuries hereinafter alleged, the said defendant, Simon Peter Moon-, was, and for a long time prior thereto had been, the owner, and the said defendant, Francis Brooks, the lessee, and possessed of the following premises, situate in said county, to wit, the north part of lot No. 94, in the incorporated village of Defiance, situate and abutting on the east side of Clinton street, in said village, which said street was a public…
1Opinion of the CourtWright, J.
The petition and demurrer involve questions relating to the liability of landlord and tenant, lessor and lessee, where a third person has been injured in consequence of some defect in condition of the premises. Moon was the owner of certain property in the village of Defiance, which he had leased to Brooks, who was in possession of and using the same for a post-office. A pipe or gutter attached to the building had become obstructed or stopped up, and the water, instead of running through it, flowed over the roof. This water, falling upon the steps of the post-office, in winter, ice was…
2Cases cited12 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Fish v. DodgeNew York Supreme Court · 1847
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Owings v. JonesCourt of Appeals of Maryland · 1856
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