Carey v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The petition in this cause does not state facts sufficient to constitute a cause of action.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The petition in this cause does not state facts sufficient to constitute a cause of action. Barney v. Railroad, 126 Mo. 372; Overholtz v. Vieth, 93 Mo. 422; Straub v. Soderer, 53 Mo. 39; Thompson on Negligence, 303; Shearman & Redfield on Negligence, 505. (2) . There was no evidence of negligence upon the part of appellant in constructing and maintaining the fence around the reservoir, and the court should have so declared as a matter of law. Keoun v. Railroad, 141 Mo. 86; Yarnoll v. Railroad, 113 Mo. 570’; Rutledge v.…
1Opinion of the Court
FOX, J. —
This action was brought in the circuit court of Jackson county, Missouri, by John Carey and Mary Carey, his wife, in September, 1900. On May 22, 1901, the plaintiffs filed an amended petition which is shown in this record and upon which the case was tried.
The plaintiffs are the parents of Maurice Carey, their eleven-year-old son, who was drowned in what is *720known as Observation Park reservoir, in Kansas City, on the afternoon of August 1, 1900. The reservoir is the property of the defendant, Kansas City.
This reservoir was created over twenty years ago and occupied the south half of…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Peters v. BowmanCalifornia Supreme Court · 1896
- Price v. Atchison Water Co.Supreme Court of Kansas · 1897
- Butz v. CavanaughSupreme Court of Missouri · 1897
- Keown v. St. Louis RailroadSupreme Court of Missouri · 1897
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3Cited by19 opinions
- Kelly v. BenasSupreme Court of Missouri · 1909
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- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Norberg v. HagnaSouth Dakota Supreme Court · 1923
- City of Anadarko v. Swain Et Ux.Supreme Court of Oklahoma · 1914
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