Moroder v. Fox
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages sustained by reason of the bursting of water pipes above plaintiff’s premises resulting-in damage to goods contained therein. On the 18th day of June, 1911, the plaintiff leased from the defendant for a period of two years from May 1, 1911, the first floor and part of the basement of a three-story building situated in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages sustained by reason of the bursting of water pipes above plaintiff’s premises resulting-in damage to goods contained therein. On the 18th day of June, 1911, the plaintiff leased from the defendant for a period of two years from May 1, 1911, the first floor and part of the basement of a three-story building situated in the city of Milwaukee. The printed portion of the lease contained this agreement on the part of the lessee: “To take and use all necessary precautions to…
1Dissent 1
The following opinion was filed November 21, 1913:
2Dissent · TimliNTimliN, J.
The civil court of Milwaukee county held the lessor liable to the lessee for damages caused to the goods of the latter by a water pipe freezing and bursting in the vacant apartments next above those of the lessee. This liability was predicated upon negligence of the lessor. The circuit court upon appeal, apparently without investigating the question of negligence, reversed this judgment on *509.tbe ground that a covenant' in the lease imposed, upon the lessee the duty to prevent this freezing.-' Neither the civil court nor the circuit court'…
3Cases cited14 opinions
- Cole v. McKeyWisconsin Supreme Court · 1886
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
- Dowd v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
- Cheeseborough v. GreenSupreme Court of Connecticut · 1834
- Anderson v. HayesWisconsin Supreme Court · 1899
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