Waterhouse v. Joseph Schlitz Brewing Co.

Citations

• 12 S.D. 397
• 48 L.R.A. 157
• 81 N.W. 725
• 1900 S.D. LEXIS 46

Syllabus

<p>1. Since the owner of a building is liable for its noglig uit construction, a complaint alleging that defendant owned and controlled a building which was negligently constructed of improper materials, and which by reason of such construction collapsed and injured plaintiff, is not defective for failure to allege that defendant constructed the building.</p> <p>2. In an action for injuries caused by the collapse of a, building, the fact that the building had stood lor 10 years does not negative an allegation that it was negligently constructed of improper materials.</p> <p>3. In an action against the owner of a building for injuries caused'by its collapse, who,re the complaint alleged that tho building collapsed because it was negligently constructed of improper materials, but did not allege any decay or want of repairs, tho tenant was not a necessary party.</p>