Peterson v. Smart
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. CowaN, Judge. Appellant was not liable to his tenants, or to any one coming in under them, for the condition of the premises, or for their being tenantable or safe for use for the purpose for which they were apparently intended or leased'. Davis v. Smith, 15 Mo. 468; Vai v. Weld, 17 Mo. 232; Morse v. Maddox, 17 Mo. 573; Taylor Land. & Ten.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. CowaN, Judge. Appellant was not liable to his tenants, or to any one coming in under them, for the condition of the premises, or for their being tenantable or safe for use for the purpose for which they were apparently intended or leased'. Davis v. Smith, 15 Mo. 468; Vai v. Weld, 17 Mo. 232; Morse v. Maddox, 17 Mo. 573; Taylor Land. & Ten. (4 Ed.) § 327; Cleves v. Willoughby, 7 Iiill (N. Y.) 83. 2. There was no duty on appellant to repair or improve the premises to prevent or protect, respondent from falling into the street. Jaffe…
1Opinion of the Court
Henry, J. —
The defendant was the owner of a tenement house on McGee street, in Kansas City, and in the spring of 1871, leased it by the month to one Spenser, who, without the knowledge or consent of Smart, sub-let one room of the house to plaintiff’s father. At the time there was a picket fence on the line of the lot fronting the street, which was removed by defendant while Spenser and plaintiff’s father occupied the house. On that side of the lot there was a perpendicular descent of seven or eight feet from the lot to the sidewalk. There was evidence strongly tending to prove that in the…
2Cases cited1 opinion
- Jaffe v. . HarteauNew York Court of Appeals · 1874
3Cited by16 opinions
- Ward v. FaginSupreme Court of Missouri · 1890
- Mahnken v. GillespieSupreme Court of Missouri · 1931
- Smith v. State Ex Rel. WalshCourt of Appeals of Maryland · 1901
- Burnes v. FuchsMissouri Court of Appeals · 1887
- Meade v. MontroseMissouri Court of Appeals · 1913
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