76 Ind. App. 390 | Ind. Ct. App. | 1921
This is an action by appellee to recover damages, alleged to have been sustained by reason of the destruction by appellant of a certain frame building which appellee was occupying as a tenant. The complaint is in a single paragraph. Appellant filed his respective motions, to strike out certain parts thereof, and to make the same more specific, each of which was overruled. He then filed a demurrer thereto for want of sufficient facts, which being overruled, was followed by the filing of an answer consisting of six paragraphs. The first is a general denial. The second alleges that the frame building, mentioned in the complaint as having been destroyed by appellant, was not located upon the premises leased by appellee, and was not appurtenant thereto; that it did'not belong to appellee or his lessor, and that neither of them had any rights in or to the same. The third paragraph alleges that the frame building in question was located upon a strip of ground, ten feet in width, in which appellant held an easement, as a means of ingress and'egress to and from the rear of a building owned by him, adjacent to the premises occupied by appellee as a tenant; that said frame building, alleged to have been destroyed, was located upon said easement, and maintained by appellee and his lessor thereon; that it was necessary to remove the same in order to permit appellant to enjoy his rights in and to his said easement, and that in so doing he did no act not necessary to preserve his said rights. The fourth, fifth and sixth paragraphs are based on certain ordinances of the city of New Albany, establishing fire