Legal Opinion

Jesel v. Benas

Missouri Court of Appeals

Decided November 4, 1913PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court.—Hon. J., Hugo Grimm, Judge. (1) The court erred in admitting over objection of the appellant testimony of witness, Ben Meyers, as to what would be the cost of rebuilding a new wall on the north of respondent’s two-story building, said wall to be rebuilt thirteen inches thick and of new brick whereas the old wall was only nine inches thick and of handmade brick.

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Appeal from St. Louis City Circuit Court.—Hon. J., Hugo Grimm, Judge. (1) The court erred in admitting over objection of the appellant testimony of witness, Ben Meyers, as to what would be the cost of rebuilding a new wall on the north of respondent’s two-story building, said wall to be rebuilt thirteen inches thick and of new brick whereas the old wall was only nine inches thick and of handmade brick. (2) The court erred in giving, of its own motion, instruction No. 1. (3) The court erred in giving, of its own motion, instruction No. 2. (4) The court erred in refusing to give, at the request…

1Opinion of the CourtReynolds, P. J.

Plaintiff, tenant for life of certain premises in the city of St. Louis, commenced Ms action on the 15th of September, 1910, in the circuit court of the city of St. Louis, for damages alleged to *712have been sustained by reason of defendant piling lumber in his lumber yard so negligently and carelessly as to cause the rain and melting snow to be discharged upon and against the north walls of the premises of plaintiff, flooding and submerging his back yard and the first floor of his two-story brick building as well as the basement and floors of a one-story brick building on the same lot, and…

2Cases cited1 opinion

  1. Thoele v. Marvin Planing Mill Co.Missouri Court of Appeals · 1912

3Cited by6 opinions

  1. Stenger v. Hope Natural Gas Co.West Virginia Supreme Court · 1954
  2. Zindell v. Central Mutual InsuranceWisconsin Supreme Court · 1936
  3. Matta v. WelcherMissouri Court of Appeals · 1965
  4. Burkhardt v. DeckerMissouri Court of Appeals · 1927
  5. Callender, McAuslan & Troup Co. v. BaccalaSupreme Court of Rhode Island · 1945

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