Missouri Court of Appeals December 3, 1901 (Stoetzele v. Swearingen)

GOODE, J.

Plaintiff was injured by falling into a coal-hole in the sidewalk in front of the premises belonging to the defendant.

The principal defense to this áetion for damages is that the premises, were, at the time and had long been, in the possession of defendant’s tenants under a written lease; that the covering of the coal-hole was in good condition when the lease was executed, and