Barry v. Calvary Cemetery Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Robt. M. Foster, Judge. There was no duty imposed upon defendant of inspecting and examining its grounds and finding out small depressions, probably gopher holes, which were overgrown with grass and entirely obscured from view. And in the absence of such duty, no liability could be ascribed to defendant.
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Appeal from St. Louis City Circuit Court.— Hon. Robt. M. Foster, Judge. There was no duty imposed upon defendant of inspecting and examining its grounds and finding out small depressions, probably gopher holes, which were overgrown with grass and entirely obscured from view. And in the absence of such duty, no liability could be ascribed to defendant. Anderson’s Dictionary of Law, p. 703; Black’s Dictionary, 807; Cooley on Torts (2 Ed.), p. 752; Brown v. Railroad, 49 Mich. 153; Railroad v. Jones, 95 U. S. 441; Railroad v. Haworth, 39 111. 358; Galloway v. Railway, 87 la. 458; Railway v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The evidence shows that the part of the grounds where plaintiff was injured had been laid off into burial lots and roadways; that the roadways had been improved and were in condition for the use of both pedestrians'and carriages and were used by both. Their construction was notice to visitors that the roads were made for their use and that they were expected to use them. Such of the burial lots as had been sold were private 'property, though under the immediate care and supervision of the defendant association. To roam over these lots where bodies were buried was…
2Cases cited7 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
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3Cited by10 opinions
- Philibert v. Benjamin Ansehl Co.Supreme Court of Missouri · 1938
- Montgomery Ward & Company, a Corporation v. Nellie Bell SteeleCourt of Appeals for the Eighth Circuit · 1965
- Roe v. St. Louis Independent Packing Co.Missouri Court of Appeals · 1920
- Wyatt v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1934
- Meyer v. Saint Augustine's ChurchSupreme Court of Connecticut · 1929
5 more not listed; retrieve them via the Exa API.