Deutsch v. Abeles
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. The tenant alone is liable for a nuisance on the rented premises. — City v. Raime, 2 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, Horner, J. The tenant alone is liable for a nuisance on the rented premises. — City v. Raime, 2 Mo. App. 66; Norton v. Wiswall, 26 Barb. 618 ; Lowell v. Spaulding, 4 Cush. 277. The owner of a freehold is liable for injuries resulting from the condition of the freehold itself, whether in his actual occupation or not.—Bakin v. Brown, 1 E. D. Smith, 36; Bellows v. Sackett 15 Barb., 96 ; Mayor, etc., v. Bailey, 2 Deuio, 433 ; Regina v. Watts, 1 Salk. 357; Ball v. Nye, 99 Mass. 582. Where one erects a nuisance, or that which subsequently becomes a nuisance,…
1Opinion of the CourtBakewell, J.
The petition in this cause contains the following allegations : —
Plaintiff owns and occupies a house erected upon a lot in the city of St. Louis. Defendant Abeles owns the adjoining house and lot, of which defendant Taylor is the lawful occupant. In March, 1882, the ownership and occupancy being as stated, water was permitted to flow from defendant’s premises through the wall dividing them from those of plaintiff, into the cellar of plaintiff’s house, flooding his cellar, injuring the health of his family, and damaging plaintiff’s wall. Plaintiff notified defendants of the nuisance and…
2Cases cited2 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Flake v. . Van WagenenNew York Court of Appeals · 1873
3Cited by3 opinions
- Burnes v. FuchsMissouri Court of Appeals · 1887
- Griffith v. LewisMissouri Court of Appeals · 1885
- Reinhardt v. HolmesMissouri Court of Appeals · 1910