Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Huggins v. Jasper, 134 Mo. App. 1 (1908)

Citation
Huggins v. Jasper, 134 Mo. App. 1 (1908)
Parent Document
Huggins v. Jasper, 134 Mo. App. 1 (1908)
Jurisdiction
Missouri (state)
Effective Date
1908-12-07

Full Text

1,466 chars
Defendant offered witnesses to prove that the house was “unhealthful, unsanitary and untenantable; that the condition of the house and the plumbing therein caused the ill health of himself, his wife, his child and others, living in the house; that the sewer gas escaped from the pipes in the house; that it was plainly noticeable to them that natural gas would escape from the *5gaspipes; that the premises were abandoned by him on account of these conditions;” that the plumbing inspector of the city examined the plumbing and found it unsanitary and that the lodger left because he was made ill by the unhealthful condition of the house. Plaintiffs objected to these offers, the objections were sustained and the record shows no exceptions to the rulings were preserved. One of the complaints in the motion for a new trial is that the court erred in excluding legal, competent and relevant testimony offered by defendant, but the rule is well settled that rulings of the trial court on the admission or rejection of evidence are matters of exception and when no exceptions are saved, the rulings cannot be reviewed on appeal [State v. Scullin, 185 Mo. 709; Holladay-Klotz Lumber Co. v. Moss Tie Co., 96 Mo. App. 57; Mitchell v. Robertson, 117 Mo. App. 348.] The offers, therefore, must be treated as though they were not in the record, and with them out of the case, we find no evidence in the record to support the defense of a constructive eviction of defendant.