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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Harrison v. Roberts, 800 S.W.2d 40 (1990)

Citation
Harrison v. Roberts, 800 S.W.2d 40 (1990)
Parent Document
Harrison v. Roberts, 800 S.W.2d 40 (1990)
Jurisdiction
Missouri (state)
Effective Date
1990-10-23

Other Sections in This Document (37)

Full Text

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This fact situation is strikingly similar to that found in Peterson v. Brune, 273 S.W.2d 278, 283 (Mo.1954). In that case, the bannister of a porch was rotten and ultimately collapsed and caused injury to a tenant. The specific portion of the bannister that failed was hidden from view by another board. However, the landlord had previously repaired another part of the porch which was rotten but did not inspect the remainder. The Court held that even though the portion of the porch that failed causing the accident was not visible, the landlord was not relieved of the duty to use ordinary care to discover the “concealed defect” and to repair it.