Hight v. American Bakery Co.
Missouri Court of Appeals
Appeal from St. Louis; City Circuit Court. — Now. Hugo Muench, Judge. (1) The law of the “turntable cases” or, as it is- frequently called, the “attractive nuisance” doctrine cannot, properly, be applied to the facts of this case, to determine the liability of appellant, for the following reasons; (a) The record does not disclose any negligence on the part of the appellant with respect to the maintenance or manipulation of the alleged attractive device.
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Appeal from St. Louis; City Circuit Court. — Now. Hugo Muench, Judge. (1) The law of the “turntable cases” or, as it is- frequently called, the “attractive nuisance” doctrine cannot, properly, be applied to the facts of this case, to determine the liability of appellant, for the following reasons; (a) The record does not disclose any negligence on the part of the appellant with respect to the maintenance or manipulation of the alleged attractive device. This doctrine is one which affects only the question of contributory negligence. It cannot be relied on to establish the negligence of the…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).- — Beyond all question this case was pleaded by plaintiff and tried on the theory that it was one involving what is sometimes called “the turntable,” or “attractive nuisance,” or “attractive appliance” law.
Referring to that doctrine as applied to cases of injuries to children sustained by playing around or resorting to such appliances, and without any desire to go into a full discussion of it or pedantically to go over its history, it is not improper to say that it is generally conceded to have Jhad its origin in the decision by the Court of Queen’s Bench in the…
2Cases cited12 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Kelly v. BenasSupreme Court of Missouri · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Wilson v. WhiteMissouri Court of Appeals · 1954
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Kennedy v. Independent Quarry & Construction Co.Supreme Court of Missouri · 1927
6 more not listed; retrieve them via the Exa API.