Dailey v. Vogl
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. 0. A. . Lucas, Judge. (1) A tenant cannot maintain against a landlord an action in tort for personal injuries due to Ms omission to repair premises which have passed into the possession and control of the tenant, even if the landlord has agreed to make the repairs. Glenn v. Hill, 210 Mo. 291; Korach v. Loeffle, 168 Mo. App. 414; Rushes v. Ginsberg, 99 App. Div.
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Appeal from Jackson Circuit Court. — Eon. 0. A. . Lucas, Judge. (1) A tenant cannot maintain against a landlord an action in tort for personal injuries due to Ms omission to repair premises which have passed into the possession and control of the tenant, even if the landlord has agreed to make the repairs. Glenn v. Hill, 210 Mo. 291; Korach v. Loeffle, 168 Mo. App. 414; Rushes v. Ginsberg, 99 App. Div. N. Y. 417, 91 N. Y. S. 216; Reams v. Taylor, Utah, 87 Pac. 1089, 31 Utah, 288; Cromwell v. Allen, 151 Ills. App. 404; Lipschitz v. Rapapart, 133 N. Y. S. 385; Hamilton v. Peary, 8 Ind. App.…
1Opinion of the CourtEllison, P. J.
Plaintiff was defendant’s tenant in one of his dwelling houses and claims that she suffered personal injury on the premises by falling on one of the board walks in the yard, which he had promised to repair. She brought this action for damages and recovered judgment in the circuit court.
The evidence in plaintiffs behalf tended to prove that her husband rented tbe bouse from ■ defendant, but while they were occupying it they became estranged and separated and that in consideration of defendants promise to repair tbe walk, sbe agreed to remain as bis tenant at tbe rental her husband bad been…
2Cases cited21 opinions
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Thompson v. ClemensCourt of Appeals of Maryland · 1903
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
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3Cited by10 opinions
- Kohnle v. PaxtonSupreme Court of Missouri · 1916
- Miller v. GeeserMissouri Court of Appeals · 1915
- Combow v. Kansas City Ground Investment Co.Supreme Court of Missouri · 1949
- Gray v. PearlineSupreme Court of Missouri · 1931
- Timmons v. Williams Wood Products Corp.Supreme Court of South Carolina · 1932
5 more not listed; retrieve them via the Exa API.