Rowe ex rel. Rowe v. Hammond
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. E. Goodrich, Judge, (1) In coasting on this street plaintiff was directly violating the ordinances of Kansas City and was assisting in maintaining a common law nuisance; as such he was a trespasser and defendant was not bound to anticipate his presence and owed him only the duty of not injuring him after actual knowledge of his presence.
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Appeal from Jackson Circuit Court. — Hon. Jas. E. Goodrich, Judge, (1) In coasting on this street plaintiff was directly violating the ordinances of Kansas City and was assisting in maintaining a common law nuisance; as such he was a trespasser and defendant was not bound to anticipate his presence and owed him only the duty of not injuring him after actual knowledge of his presence. Williams v. City of St. Joseph, 148 S. W. 459; Barney v. Railroad, 126 Mo. 372; Reusch v. Rolling Mill Co., 118 Ky. 369, 80 S. W. 116; Thomas v. Railroad, 93 Iowa, 248, 61 N. W. 967; Sheehan v. Bos- ■ ton, 171…
1Opinion of the CourtJohnson, J.
Plaintiff, a boy nine years old, wás injured in a collision between a sled on which he *207was coasting and an automobile owned by defendant and driven by her chauffeur. This suit is for the recovery of damages resulting to plaintiff from the injury which he alleges was caused by negligence of defendant. The petition alleges negligence in running the automobile at a dangerous and unlawful speed and also charges negligence under the humanitarian rule. At the close of the evidence the first charge was withdrawn from the jury and in the instruction given at the request of plaintiff the cause was…
2Cases cited15 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Kiley v. City of KansasSupreme Court of Missouri · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burke Ex Rel. Burke v. PappasSupreme Court of Missouri · 1927
- Clark v. FeldmanNorth Dakota Supreme Court · 1929
- Martin v. FehseSupreme Court of Missouri · 1932
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- Moffatt v. LinkMissouri Court of Appeals · 1921
1 more not listed; retrieve them via the Exa API.