Carson v. Quinn
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. Jesse A. McDonald, Judge. (1) The acts complained of as constituting negligence on the part of defendant were his1 failure to cover, guard, light, fill up or otherwise protect said hole in said walk. Such act constitutes acts of nonfeasance and not acts of misfeasance, and an agent is not liable to a third party for his acts of nonfeasance.
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Appeal from St. Louis City Circuit Court.—Eon. Jesse A. McDonald, Judge. (1) The acts complained of as constituting negligence on the part of defendant were his1 failure to cover, guard, light, fill up or otherwise protect said hole in said walk. Such act constitutes acts of nonfeasance and not acts of misfeasance, and an agent is not liable to a third party for his acts of nonfeasance. Harriman v. Stone, 57 Mo. 93; Lottman v. Barnett, 62 Mo. 159; Steulmer v. Sprul, 127 Mo. 552; Schmitt v. Rowse, 35 Mo. App. 288; Cooley on Torts (2 Ed.), p. 162; Smith on Negligence (1 Am. Ed.), 209. (2)…
1Opinion of the CourtBland, P. J.
The action was originally brought against three defendants, but was dismissed as to two of them, leaving James J. Quinn sole defendant. Omitting caption, the petition is as follows:
“Plaintiff states that defendants were, at all the times hereinafter mentioned, the owners of a certain *528tenement house in the city of St. Louis, Missouri, known as No. 911 North Eleventh street in the rear. That said tenement house was divided off into flats or apartments to he rented to different tenants, each tenant renting and occupying exclusively a flat or suite of rooms and using in common a court or…
2Cases cited11 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harriman v. StoweSupreme Court of Missouri · 1874
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Baird v. ShipmanIllinois Supreme Court · 1890
- Lottman v. BarnettSupreme Court of Missouri · 1876
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3Cited by12 opinions
- State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Mollino v. Ogden & Clarkson Corp.New York Court of Appeals · 1926
7 more not listed; retrieve them via the Exa API.