(DOWNLOAD) "Mermod v. Hellmuth" by Eastern District Missouri Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Mermod v. Hellmuth
- Author : Eastern District Missouri Court of Appeals
- Release Date : January 07, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Plaintiff, Mermod, Jaccard & King Jewelry Company, appeals from the action of the trial court in granting judgments in accordance with defendants' motions for directed verdict in a case in which the jury returned a verdict in favor of plaintiff and against both defendants in the amount of $52,029.93. We affirm. Plaintiff's action arose from a fire which occurred in premises leased from defendant Helmsley by defendant Hellmuth, Obata, and Kassabaum, Inc. (H. O. K.) an architectural and engineering firm. The fire occurred on the second floor of the Syndicate Trust-Century Building. Plaintiff, a retail jewelry business, was located on the first floor of that building beneath the H. O. K. premises. The fire was a major conflagration and the fire department utilized vast quantities of water to extinguish it. As a result of the fire and the efforts to extinguish it, plaintiff sustained substantial smoke and water damage to its premises. Plaintiff sought recovery upon the theory that defendants, five years before the fire when the second floor offices were being renovated for H. O. K.'s occupancy, dismantled and disabled an existing sprinkler system which would have extinguished or controlled the fire if the system had been operating at the time of the fire and which would have made it unnecessary to utilize more than a small amount of water to extinguish the fire. It was alleged that this action of defendants constituted negligence and was the proximate cause of the property damage sustained by plaintiff.