Legal Opinion

Moroder v. Fox

Wisconsin Supreme Court

Decided February 3, 1914PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages sustained by reason of the bursting of water pipes above plaintiff’s premises resulting-in damage to goods contained therein. On the 18th day of June, 1911, the plaintiff leased from the defendant for a period of two years from May 1, 1911, the first floor and part of the basement of a three-story building situated in the city of Milwaukee.

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Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages sustained by reason of the bursting of water pipes above plaintiff’s premises resulting-in damage to goods contained therein. On the 18th day of June, 1911, the plaintiff leased from the defendant for a period of two years from May 1, 1911, the first floor and part of the basement of a three-story building situated in the city of Milwaukee. The printed portion of the lease contained this agreement on the part of the lessee: “To take and use all necessary precautions to…

1Opinion of the Court

*506The following opinion was filed November 18, 1913:

ViNJE, J.

It appears that plaintiff rented the first story and part of the basement of a tliree-story building, and that at the time the lease was executed the second and third stories were used as flats. Ilis lease required him to “take and use all necessary precautions to prevent damages to any of the water pipes and water works upon said premises, or to any part’ of said demised premises, by frost or otherwise, and to pay all damages done to said premises by reason of bursting of said water pipes, and to turn and let the water out of the…

2Cases cited14 opinions

  1. Priest v. NicholsMassachusetts Supreme Judicial Court · 1874
  2. Freidenburg & Co. v. JonesSupreme Court of Georgia · 1879
  3. Jackson v. EddySupreme Court of Missouri · 1848
  4. Railton v. TaylorSupreme Court of Rhode Island · 1897
  5. Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890

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3Cited by6 opinions

  1. Flood v. Pabst Brewing Co.Wisconsin Supreme Court · 1914
  2. Evans v. KirsonWest Virginia Supreme Court · 1921
  3. Queen Insurance Co. of America v. KaiserWisconsin Supreme Court · 1965
  4. Skrzypczak v. KonieczkaWisconsin Supreme Court · 1937
  5. Arling v. ZeitzAppellate Court of Illinois · 1933

1 more not listed; retrieve them via the Exa API.

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