Yall v. Snow
Citation | 201 Mo. 511,100 S.W. 1 |
Parties | YALL v. SNOW et al. |
Decision Date | 22 December 1906 |
Court | United States State Supreme Court of Missouri |
Appeal from St. Louis Circuit Court; John A. Blevins, Judge.
Action by Fannie Yall against Robert B. Snow and others. From a judgment for defendants, plaintiff appeals. Reversed and remanded.
Ernest E. Wood, for appellant. Collins & Chappell, for respondents.
This action was commenced in the circuit court of the city of St. Louis, on the 7th day of November, 1903. It is brought by the plaintiff as the widow of Morris Yall, deceased, for damages accruing to her from the death of her husband by the burning of a certain three-story brick building in the city of St. Louis, located on the southwest corner of Olive and Beaumont streets, and numbered 2700 and 2702 Olive street.
The petition alleges, in substance, that Robert B. Snow, the defendant, was at all the times herein mentioned, and is at present, the owner of the above-described property, commonly called the "Empire Hotel." That on the 25th day of July, 1899, the defendant and others, owners thereof, leased said property, as a hotel, to William E. and Katharine Gillham for a term of 10 years, commencing on the 1st day of September, 1899, and to be fully completed and ended on the 21st day of August, 1909; the said lessees and all claiming under them, by virtue of the provisions of this lease, yielding and paying a total rent therefor to the said lessors or their legal representatives of $17,550, in monthly installments of $100 payable on the first day of each month of every year during the said term. And further stipulations of the lease are as follows: The petition then proceeds to allege that, at all times mentioned herein, the defendant and others collected rent from said property from the said lessees; that the said property is three stories in height, and at all times mentioned herein the said property was conducted as a hotel or lodging house by the said Gillhams; that at all times mentioned herein said defendant knew that said property was being conducted as a hotel or lodging house by the said lessees; that at all the times mentioned herein it was the duty of the said defendant to provide the said hotel or lodging house with fire escapes, iron balconies, and exterior iron stairs, as required by law. Plaintiff alleges that the said defendant, his duty as above alleged neglecting, failed to provide fire escapes, as required by law or at all, and further failed to provide iron balconies, as required by law or at all, and failed to provide exterior iron stairs in case of fire, as required by law or at all.
And plaintiff further alleges that on the 9th day of February, 1902, while the said hotel was being operated, with the knowledge of said defendant, on account of the negligence of the said defendant, there was connected with said hotel no fire escapes, no iron balconies, and no exterior iron stairs, as required by law or at all. That on the 9th day of February, 1902, Morris Yall, the husband of this plaintiff, was a lodger of said Gillhams in the said hotel or lodging house. That the said Morris Yall occupied a room above the second story of the said hotel or lodging house, which said room so occupied had an outside window. That at about 3 o'clock a. m. on the 9th day of February, 1902, the said Morris Yall was aroused from his sleep on account of fire in the said building, and, being aroused, he tried to escape from the building, but was unable to do so owing to the fact of there being no fire escapes, no iron balconies, and no exterior iron stairs in connection with said hotel. That the said Morris Yall, being unable to escape from the said burning building on account of there being connected therewith no fire escapes or iron balconies, came to his death within the burning building on account of being burned by fire. That if there had been fire escapes, as required by law, connected with the said hotel, the said Morris Yall would have escaped thereby to the ground without injury to himself. That if there had been iron balconies connected with said hotel, as required by law, the said Morris Yall could have stood thereon and would have been rescued by firemen. That the death of said Morris Yall was due to the fact of there being no fire escapes, no iron balconies, and no exterior iron stairs connected with the said hotel or lodging house. Plaintiff alleged that the death of the said Morris Yall was due to the neglect of the said defendant in not performing his duty as above alleged, and in not providing their said hotel or lodging house with fire escapes, iron balconies, and exterior stairways. That plaintiff is the widow of the said Morris Yall, That the said Morris Yall was the only support of this plaintiff and her infant child, and that, by the death of said Morris Yall, plaintiff has been damaged by the said defendants in the sum of $5,000. Wherefore she prays judgment against the defendant Robert E. Snow for $5,000.
To this petition the defendant filed the following demurrer: ...
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...of the Legislature, although heavy damages were prescribed and penalties imposed for their violation. Yall v. Snow, 201 Mo. 511, 100 S. W. 1, 10 L. R. A. (N. S.) 177, 119 Am. St. Rep. 781, and cases cited; Johnson v. Snow, 201 Mo. 450, 100 S. W. And as said by Graves, J., in the Delmar Jock......
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