Legal Opinion

Bailey v. A. Siegel Gas Fixture Co.

Missouri Court of Appeals

Decided April 25, 1893PublishedCited by 8 opinions

Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) All the permanent improvements made by lessees for purpose of fitting establishment as a Russian bath house became the property of the plaintiff. State to use v. Marshall, 4 Mo. App. 29; Goodin v. Hall Ass’n, 5 Mo. App. 289; Donnewald v. Turner, etc., Co., 44 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) All the permanent improvements made by lessees for purpose of fitting establishment as a Russian bath house became the property of the plaintiff. State to use v. Marshall, 4 Mo. App. 29; Goodin v. Hall Ass’n, 5 Mo. App. 289; Donnewald v. Turner, etc., Co., 44 Mo. App. 350; Rogers v. Croiv, 40 Mo. 91; State Savings Banh v. Kercheval, 65 Mo. 682; Thomas v. Davis, 76 Mo. 72. (2) As the taking of the fixtures was an injury to the freehold, the landlord can sue, although the tenant was in the actual possession. 3…

1Opinion of the CourtRombauer, P. J.

— This is an action of trespass on realty. The petition contains two counts, one for wrongfully carrying away certain property attached to the freehold, and the other for forcibly entering the premises and injuring them and carrying away certain other property. The jury under the instructions of *52the court found a verdict for the defendant on the first count, and a verdict for $25 for the plaintiff on the second count. The plaintiff appeals, and assigns for error the refusal of his own instructions, illegal instructions given by the court of its own motion, and the inadequacy of the verdict.

The…

2Cases cited3 opinions

  1. Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
  2. Parker v. ShackelfordSupreme Court of Missouri · 1875
  3. Cramer v. GrosecloseMissouri Court of Appeals · 1893

3Cited by8 opinions

  1. Russell v. MeyerNorth Dakota Supreme Court · 1898
  2. Barnes v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1926
  3. Ritchie v. State Board of AgricultureMissouri Court of Appeals · 1924
  4. Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
  5. Arnold v. BennettMissouri Court of Appeals · 1902

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