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KROGER COMPANY v. ROY CROSBY COMPANY

No. 32075.

393 S.W.2d 843 (1965)

The KROGER COMPANY, a Corporation, Plaintiff-Appellant, v. ROY CROSBY COMPANY, a Corporation, Defendant and Third-Party Plaintiff-Respondent, v. UNION ELECTRIC COMPANY, a Corporation, Third-Party Defendant.

St. Louis Court of Appeals, Missouri.

Rehearing Denied September 8, 1965.

Attorney(s) appearing for the Case

George A. Adolf, St. Louis, for plaintiff-appellant.

Anderson, Gilbert, Wolfort, Allen & Bierman, Stuart M. Haw, Jr., St. Louis, for defendant and third-party plaintiff-respondent.

Kerth, Thies & Schreiber, Albert H. Hamel, Clayton, for third-party defendant.

JAMES D. CLEMENS, Special Judge.

Plaintiff Kroger Company appeals from a summary judgment rendered against it. Kroger had paid one John Murphy $8,500 to settle his claim for injuries received while working atop its store building. Kroger had leased the premises from defendant Roy Crosby Company, and now sues to compel Crosby to indemnify it for its loss, claiming that Crosby had failed to maintain the premises in a safe condition as required by their lease.

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