Berry v. St. Louis, Memphis & Southeastern Railroad
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon. W. N. Evans, Judge. (1) Y^e are aware of the attitude this court has taken in turntable cases, and that it is negligence per se to leave a turntable unlocked or unguarded, for the reason that the' same was attractive to children to go upon and play, and also the Supreme Court of the United States has in one ease ruled the same way.
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Appeal from Butler Circuit Court. — Eon. W. N. Evans, Judge. (1) Y^e are aware of the attitude this court has taken in turntable cases, and that it is negligence per se to leave a turntable unlocked or unguarded, for the reason that the' same was attractive to children to go upon and play, and also the Supreme Court of the United States has in one ease ruled the same way. The doctrine, though, as this Court has remarked heretofore, has been very much modified in most of the States and also in this State. Our position in this case is that the courts in the different States holding that…
1Opinion of the CourtLamm, J.
In the Butler Circuit Court, Cecil Berry, a child of four years, sued by his next friend in an action sounding in tort. He had judgment for $6,583.33, for personal injuries received'on defendant’s turntable. Failing to get a new .trial or arrest the judgment, defendant appeals.
I. The St. Louis & San Francisco Bailroad Company was made a codefendant at the institution of the suit. Appellant insists that the cause was not dismissed as to its said codefendant; contra, respondent insists it was so dismissed prior to submission. Appellant’s abstract does not show a dismisal,, neither does it…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
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3Cited by25 opinions
- Lester v. SaylesSupreme Court of Missouri · 1993
- Kelly v. BenasSupreme Court of Missouri · 1909
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Thompson v. Reading Co.Supreme Court of Pennsylvania · 1941
- Twine v. Norris Grain Co.Missouri Court of Appeals · 1950
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