Legal Opinion

McGinley v. Alliance Trust Co.

Supreme Court of Missouri

Decided March 29, 1902PublishedCited by 39 opinions

Appeal from Jackson Circuit Court. — Hon. F. P. Gates, Judge. The court erred in sustaining the demurrer to the evidence and in overruling the motion to set aside the nonsuit. The defendant was guilty of negligence.

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Appeal from Jackson Circuit Court. — Hon. F. P. Gates, Judge. The court erred in sustaining the demurrer to the evidence and in overruling the motion to set aside the nonsuit. The defendant was guilty of negligence. The owner of a building, who divides it into several -apartments, which he lets to various tenants, retaining to himself control of the halls and stairways for the common use of the different tenants, and those having lawful occasion to be there, is bound to see that reasonable care and skill are exercised to render the halls and stairways reasonably fit for the uses which he thus…

1Opinion of the CourtValliant, J.

— Action for damages by a member of a tenant’s family against a landlord for personal injuries suffered by reason of alleged negligent construction and negligent failure to repair a stairway in the landlord’s possession.

The statements in the petition are to the effect that defendant was the owner of certain tenement houses in Kansas City divided off into flats or apartments, which were rented to tenants, each tenant renting and occupying exclusively a flat or suite of rooms, and using in common the back porches or galleries and stairways appurtenant for ingress and egress, the rooms or…

2Cases cited1 opinion

  1. Ward v. FaginSupreme Court of Missouri · 1890

3Cited by39 opinions

  1. Roman v. KingSupreme Court of Missouri · 1921
  2. Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
  3. Okmulgee Gas Co. v. KellySupreme Court of Oklahoma · 1924
  4. Mahnken v. GillespieSupreme Court of Missouri · 1931
  5. Miller v. GeeserMissouri Court of Appeals · 1915

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