Legal Opinion · Dissent

Ward v. Fagan

Missouri Court of Appeals

Decided November 22, 1887Published

Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. As between landlord and tenant, there is no implied obligation on the part of the landlord that the property is in a safe condition. 1 Taylor’s Landlord & Tenant [8 Ed.] sect. 382; Moak’s Underhill on Torts, 248, and cases cited. Yai v. Weld, 17 Mo. 232; Peterson v. Smart, 70 Mo. 34, 38 ; Bogan v. Doclcery, . 23 Mo.

Read the full summary

Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. As between landlord and tenant, there is no implied obligation on the part of the landlord that the property is in a safe condition. 1 Taylor’s Landlord & Tenant [8 Ed.] sect. 382; Moak’s Underhill on Torts, 248, and cases cited. Yai v. Weld, 17 Mo. 232; Peterson v. Smart, 70 Mo. 34, 38 ; Bogan v. Doclcery, . 23 Mo. App. 313; 1 Thompson on Negligence, p. 323, sect. 3; Davis, Adm’r, v. Smith, 15 Mo. 467. If the premises are in good order when demised, bnt afterwards become dangerous, a lessee out of possession, who has sublet to…

1Dissent

Lewis, P. J.,

delivered a dissenting opinion.

I am unable to agree with my learned associates in the conclusion reached by them in this cause, and deem it contrary to the decisions, heretofore rendered in Peterson v. Smart (70 Mo. 38), Rogan v. Dockery (23 Mo. App. 313), and Joyce v. DeGiverville (2 Mo. App. 596).

It seems to be conceded on all hands that, in the absence of a special contract imposing that duty on him, the landlord is not bound to keep the rented premises in repair, and is, therefore, not liable in damages to his tenant for an injury resulting from a dilapidation of such…

2Cases cited4 opinions

  1. Purcell v. EnglishIndiana Supreme Court · 1882
  2. Krueger v. FerrantSupreme Court of Minnesota · 1882
  3. Peterson v. SmartSupreme Court of Missouri · 1879
  4. Rogan v. DockeryMissouri Court of Appeals · 1886

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API