In the case of Sun Insurance Office v. Varble, 103 Ky. 758, 46 S. W. 486, 20 Ky. Law Rep. 556, 41 L. R. A. 792, the demised premises which had been .erected at a cost of over $15,000 were partially destroyed by fire. The damage was fixed at $7,094.35. One feature of the case turned on the extent of the duty of the lessee, under his express covenant in the lease to keep the premises in repair. The extent of this duty, in turn, depended on how the express covenant in the lease was modified, if at all, by section 2297 of the Statutes, which, in substance, among other things, provides that, unless the contrary be expressly provided for in writing, a covenant on the part of the lessee to repair shall not obligaté him to erect similar buildings, if, without his fault or neglect, they be destroyed by fire or other casualty. It was held that the word “destroyed” in the statute does not mean exclusively total destruction, but includes any case 'where the “fire or other casualty” injures the premises. In King & Metzger v. Cassell, 150 Ky. 537, 150 S. W. 682, 42 L. R. A. (N. S.) 774, the Yarble case was quoted with approval and its principle followed. In this Cassell case, the court said that the word “destroyed” in the statute “applies as well to a partial as to a total destruction of the building.” See, also, Thomas v. Conrad, 114 Ky. 841, 71 S. *831