Wheeler v. St. Joseph Stock Yards & Terminal Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The evidence shows that the plaintiff’s husband, John A. Wheeler, was a trespasser with notice’of the withdrawal by defendant of its license to use the road; therefore, defendant owed him no duty. (2) Because the evidence, which was not contradicted, and was conclusive upon the question of fact, showed the defendant built a sufficient barricade.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The evidence shows that the plaintiff’s husband, John A. Wheeler, was a trespasser with notice’of the withdrawal by defendant of its license to use the road; therefore, defendant owed him no duty. (2) Because the evidence, which was not contradicted, and was conclusive upon the question of fact, showed the defendant built a sufficient barricade. This was the limit of defendant’s duty to all” travelers along the ' road, whether licensees or trespassers. (3) Defendant was not bound to maintain a barricade. If it built a…
1Opinion of the CourtSmith, P. J.
The petition alleges that the plaintiff is the widow of John Wheeler, deceased, who lost his life on account of injuries received by him through the negligence of the defendant. The case presented by the record may be stated to be something like this:
The defendant owns a large body of uninclosed bottom land, situate near the city of St. Joseph and bordering on the Missouri river. The defendant’s stock *264yards, packing houses, etc., set back a half a mile or more from the river, and from them the defendant, some years since, for drainage purposes, constructed a ditch extending to the river. The…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Tatum v. City of St. LouisSupreme Court of Missouri · 1894
- Morrow v. SweeneyIndiana Court of Appeals · 1894
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
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3Cited by9 opinions
- Morrison v. CarpenterMichigan Supreme Court · 1914
- Porchey v. KellingSupreme Court of Missouri · 1945
- Smith v. BoydSupreme Court of Missouri · 1901
- Holding v. City of St. JosephMissouri Court of Appeals · 1902
- Hartmann v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1955
4 more not listed; retrieve them via the Exa API.