Kuenzel v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The operation of a toilet room and a rest room, even though it is in a public park, is a governmental function for the health and comfort of the people of the city, from which the city derives no profit.
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Appeal from St. Louis City Circuit Court. — Eon. Kent K. Koerner, Judge. (1) The operation of a toilet room and a rest room, even though it is in a public park, is a governmental function for the health and comfort of the people of the city, from which the city derives no profit. These facts were established by plaintiff’s evidence, and the court should have given the instruction asked for by the defendant at the close of the plaintiff’s case, and renewed at the close of the entire case, in the nature of a demurrer to the evidence. Bolston v. Lawrence, 225 Mass. 387; Behrman v. St. Louis, 273…
1Opinion of the CourtBond, C. J.
Action to recover damages for personal injuries resulting in the death of plaintiff’s wife,' due to the alleged negligence of the defendant.
The City of St. Louis, defendant herein, owns and maintains- a park in the northeastern part of the city known as O’Fallon Park. On the bank of a small lake in this park is a two-story pavilion used as a boathouse, and for shelter, rest and refreshment. Opening from a large room on the main floor used as a lounge, there is a passageway leading to the women’s dressing room. Above this doorway, in large letters, is the word “Women,” and 'three feet inside…
2Cases cited2 opinions
- Capp v. City of St. LouisSupreme Court of Missouri · 1913
- Carey v. Kansas CitySupreme Court of Missouri · 1905
3Cited by10 opinions
- Byrnes v. City of JacksonMississippi Supreme Court · 1925
- State v. KinnamonSupreme Court of Missouri · 1926
- Bagby Ex Rel. Bagby v. Kansas CitySupreme Court of Missouri · 1936
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933
- Schulz v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
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