Witte v. Stifel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. This case is one of that class of cases which hold proprietors liable for injuries resulting to children, although trespassing at the time, where from the peculiar nature and open and exposed position of the dangerous defect or agent, the owner should reasonably anticipate such an injury to flow therefrom as actually happened.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. This case is one of that class of cases which hold proprietors liable for injuries resulting to children, although trespassing at the time, where from the peculiar nature and open and exposed position of the dangerous defect or agent, the owner should reasonably anticipate such an injury to flow therefrom as actually happened. In all such cases the question of negligence is for the jury. 1 Thompson on Neg., 304, 305 and cases cited; Bransom’s Adm’r v. Labrot, 81 Ky. 638; Birge v. Gardner, 19 Conn. 507; Stockstill v.…
1Opinion of the CourtBurgess, J.
— This action was instituted in the circuit court of the city of St. Louis, by plaintiffs, father and mother, to recover $5,000 statutory damages for the death of their son, Robbe F. Witte, about seven years and nine months of age, alleged to have been occasioned by the negligence of defendants. Upon a trial had, at the close of the evidence, the court, at the instance of all of the defendants, sustained a demurrer thereto, and instructed the jury that plaintiffs could not recover; whereupon plaintiffs took a nonsuit with leave to move to set the same aside, and, their motion to that end…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Beck v. . CarterNew York Court of Appeals · 1877
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Overholt v. ViethsSupreme Court of Missouri · 1887
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3Cited by40 opinions
- Neal, Admr. v. Home Builders, Inc.Indiana Supreme Court · 1953
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Kelly v. BenasSupreme Court of Missouri · 1909
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
35 more not listed; retrieve them via the Exa API.