Marcheck v. Klute
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge.- (1) The petition does not allege- any contract or agreement on the part of defendants to alter the premises or to make any change therein. In the absence of such an. agreement, the defendant was not bound to do so, and the alleged defect not being latent or concealed,, but open, obvious and visible, defendant cannot be held liable. 18 Am. and Eng. Ency. Law, p. 215; Taylor’s Land! and Ten.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge.- (1) The petition does not allege- any contract or agreement on the part of defendants to alter the premises or to make any change therein. In the absence of such an. agreement, the defendant was not bound to do so, and the alleged defect not being latent or concealed,, but open, obvious and visible, defendant cannot be held liable. 18 Am. and Eng. Ency. Law, p. 215; Taylor’s Land! and Ten. (7 Ed.), sec. 175; Peterson v. Smart, 70 Mo. 34! (2) The chutes or openings, through one of which the child of plaintiffs fell,…
1Opinion of the CourtGoode, J.
(after stating the facts). — The question of the duty of a landlord to keep in reasonably safe condition for use, parts of premises he retains control of, intending them to be used by tenants to whom other parts are let, has been the source of conflicting decisions. Many cases on the subject are collected in the note to Dollard v. Roberts, 14 L. R. A. 238, and the conflict Avill be observed on reading said note and the text and notes of standard treatises on landlord and tenant law. The question has been presented usually in instances where an OAvner of a house had let apartments, in it to…
2Cases cited22 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Peil v. . ReinhartNew York Court of Appeals · 1891
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3Cited by12 opinions
- Mahnken v. GillespieSupreme Court of Missouri · 1931
- Miller v. GeeserMissouri Court of Appeals · 1915
- Hart v. ColemanSupreme Court of Alabama · 1917
- Gray v. PearlineSupreme Court of Missouri · 1931
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
7 more not listed; retrieve them via the Exa API.