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ROCK SPRINGS REALTY, INC. v. WAID

No. 51125.

392 S.W.2d 270 (1965)

ROCK SPRINGS REALTY, INC., Appellant, v. Robert Lee WAID, Billie I. Waid, O. D. Moffett and Mrs. Helen Moffett, Leonard W. White and Mrs. Leonard W. White and Virgil Rogers, Respondents.

Supreme Court of Missouri, Division No. 2.

July 12, 1965.

Attorney(s) appearing for the Case

Paul H. Niewald, Gordon, Adams, Niewald & Risjord, Kansas City, for appellant.

Lloyd S. Hellman, Achtenberg, Sandler & Balkin, Clem W. Fairchild, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, for respondents.

EAGER, Presiding Judge.

This suit is one by a successor lessor against the lessees of a building used as a restaurant, for damages caused by a fire alleged to have been negligently caused. An employee of the lessees was also joined. More specifically, the petition proceeds upon a res ipsa theory and it alleges that the fire was negligently started by the use of the restaurant stove. The prayer was for $60,720.70 for the damage to the building and $2,600 for loss of...

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