Stoetzele v. Swearingen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in refusing to give defendant’s instruction in a nature of a demurrer to the evidence. The testimony showed conclusively that the premises in question were under a lease at the time the accident occurred. They had been under lease to Garvey & Company for several years and their lease did not expire until April 1, some three weeks after the accident.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in refusing to give defendant’s instruction in a nature of a demurrer to the evidence. The testimony showed conclusively that the premises in question were under a lease at the time the accident occurred. They had been under lease to Garvey & Company for several years and their lease did not expire until April 1, some three weeks after the accident. There was no evidence that Mrs. Swearingen was under any contract to keep the premises in repair. “A landlord is not bound to keep leased premises…
1Opinion of the CourtGoode, J.
Plaintiff was injured by falling into a coal-hole in the sidewalk in front of the premises belonging to the defendant.
The principal defense to this áetion for damages is that the premises, were, at the time and had long been, in the possession of defendant’s tenants under a written lease; that the covering of the coal-hole was in good condition when the lease was executed, and defendant made no covenant to repair.
A coal-hole in a sidewalk, properly constructed and covered, is not a nuisance per se, but a lawful use of the soil of the street and consistent with the easement of the public to…
2Cases cited5 opinions
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- Gordon v. PeltzerMissouri Court of Appeals · 1894
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
- Kirkpatrick v. George Knapp & Co.Missouri Court of Appeals · 1888
3Cited by7 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Burton v. RothschildSupreme Court of Missouri · 1943
- Boyce v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- Rose v. Gunn Fruit Co.Missouri Court of Appeals · 1919
- Ward v. KelloggMissouri Court of Appeals · 1912
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