De Courcy v. Prender-Gast Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (T) The trial court erred in failing to sustain the instruction asked by this appellant at the close of plaintiff’s evidence, and such error was not cured by the evidence for the defendant. A party seeing an obstruction or danger in a street, as in this case, there lawfully, is negligent as a matter of law in undertaking to pass through or under it without proper investigation, and does so at his peril.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (T) The trial court erred in failing to sustain the instruction asked by this appellant at the close of plaintiff’s evidence, and such error was not cured by the evidence for the defendant. A party seeing an obstruction or danger in a street, as in this case, there lawfully, is negligent as a matter of law in undertaking to pass through or under it without proper investigation, and does so at his peril. Bte knowingly chose a way obviously unsafe and should not recover. Kohn v. Kansas City, 108 Mo. 392; Wheat v. St.…
1Opinion of the CourtGoode, J.
Plaintiff asks damages for a personal injury alleged to be traceable to defendant’s negligence. It was suffered in a stumble over an iron rail extended across the sidewalk on the west side of Tower Grove avenue in the city of St. Louis. The rail was four inches wide at the base, three and one-half inches high and at an elevation of eight inches above the surface of the walk. Defendant was engaged in excavating a sewer in an alley midway between Norfolk and Swan avenues, east and west thoroughfares, and intersecting Tower Grove avenue, a north and south thoroughfare. A machine called a “tower…
2Cases cited9 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
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3Cited by3 opinions
- Schlinski v. City of St. JosephMissouri Court of Appeals · 1913
- Forster v. Kansas CityMissouri Court of Appeals · 1911
- Lowe v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912