Rose v. Gunn Fruit Co.
Missouri Court of Appeals
Appeal from the Circuit Court of' the City of St. Louis. —Hon. K. Ko-erner, Judge. (1) An abutting owner has the right to construct and maintain a cellar opening in the sidewalk and is not liable for injuries resulting to a passerby or to a visitor of the tenant or to anyone not connected with the property. If the premises become dangerous by the manner of its use by the tenant in possession the landlord is not liable for injuries resulting from such use.
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Appeal from the Circuit Court of' the City of St. Louis. —Hon. K. Ko-erner, Judge. (1) An abutting owner has the right to construct and maintain a cellar opening in the sidewalk and is not liable for injuries resulting to a passerby or to a visitor of the tenant or to anyone not connected with the property. If the premises become dangerous by the manner of its use by the tenant in possession the landlord is not liable for injuries resulting from such use. The right to construct the opening and to lease it out can be exercised without license from the municipality. Gilleland v. Railroad, 19…
1Opinion of the CourtAllen, J.
— This is an action to recover damages for personal injuries sustained by plaintiff, on December 17, 1912, by reason of falling into an opening or cellarway in the sidewalk on the north side of Oarr Street, a public street in the city of St. Louis, in front of and adjoining a building and premises owned by the defendants Louise Biddle and Katherine Biddle Barrett on the northwest corner of Third and Carr Streets, and known as 1101-1105 Carr Street. The suit was instituted against Louise Biddle and Katherine Biddle Barrett as owners, and against the Gunn Fruit Company, a corporation, as the…
Also in this document: Concurrence.
2Cases cited21 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
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3Cited by5 opinions
- Boyle v. Neisner Bros., Inc.Missouri Court of Appeals · 1935
- Walters v. MarkwardtSupreme Court of Missouri · 1951
- Hollis v. Kansas City Light & Power Co.Missouri Court of Appeals · 1920
- St. Gemme v. OsterhausMissouri Court of Appeals · 1927
- Swab v. Smith Bros., Inc.Missouri Court of Appeals · 1928