Paola Lodge No. 147, I.O.O.F. v. Bank of Knob Noster

— This is an action by the owner of the upper story of a building, against the defendant, the owner of the lower story, to recover damages for the wilful neglect of the defendant in permitting the lower story to fall into decay, whereby plaintiffs’ part of the building was damaged. There was a verdict and judgment in favor of plaintiffs in the sum of $230, and defendant has appealed.

There is no point raised as to the capacity of plaintiffs to sue.

The building in question is located in the town of Knob Noster. Shortly after its completion, in 1869, the owners conveyed, in fee simple, the…