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Johnson v. Chapman

43 W.Va. 639, 28 S.E. 744 (1897)

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Johnson v. Chapman

West Virginia Supreme Court of Appeals
43 W.Va. 639, 28 S.E. 744 (1897)

Facts

The owners of two warehouses (defendants) did not exercise their duty to maintain and repair a defective wall between the two structures. Action from either owner would have been sufficient to keep the wall from falling. The wall fell, causing damage to the warehouse of a third owner (plaintiff). The warehouse owner who suffered the property loss brought suit. The trial court sustained a demurrer. The plaintiff warehouse owner appealed. The West Virginia Supreme Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Dent, J.)

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