Legal Opinion

Michaels v. Fidelity & Casualty Co.

Missouri Court of Appeals

Decided October 22, 1907PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Eon. Daniel G-. Taylor, Judge. (1) There is included in the schedule description in the policy of “an apartment or flat lower, located on the first floor,” to-wit, appellant’s “dwelling house,” all the privileges, easements and appurtenances in any way belonging to the premises as incidental to the grant, because not expressly reserved and excepted from his lease.

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Appeal from St. Louis City Circuit Court. — Eon. Daniel G-. Taylor, Judge. (1) There is included in the schedule description in the policy of “an apartment or flat lower, located on the first floor,” to-wit, appellant’s “dwelling house,” all the privileges, easements and appurtenances in any way belonging to the premises as incidental to the grant, because not expressly reserved and excepted from his lease. The basement, “laundry room,” was therefore included in “an apartment or flat lower, located on the first floor.” Taylor’s Landlord and Tenant (8 Ed.), p. 212; Riddle v. Littlefield, 53 N.…

1Opinion of the CourtBland, P. J.

House No. 3951 Pine street, in the city of St. Louis, is what is known as a flat house. It contains four flats, two on the first and two on the upper floor, each one of which is separated from all the others by unbroken walls. The building fronts south on Pine street and has a cellar or basement under the entire structure, with granitoid floor. The basement is partitioned off by open slat work into divers rooms. Four of these rooms are fitted up and used by the tenants for laundry rooms and were severally allotted to the four families occupying the building. We append hereto a plat or diagram…

2Cited by2 opinions

  1. Home Ins. Co. of New York v. KirkevoldCourt of Appeals for the Ninth Circuit · 1947
  2. Gardner v. Roosevelt Hotel, Inc.City of New York Municipal Court · 1940

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