Legal Opinion

Arnold v. City of St. Louis

Supreme Court of Missouri

Decided November 14, 1899PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The city of St. Louis by suffering and permitting a pond to remain on its public highway was guilty of maintaining a nuisance, and is liable for any injury caused by such nuisance. (2) The defendant, Isabella Dawson, by suffering and permitting a pond to form on her premises adjoining a public highway, is liable for any injury caused by such pond.

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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The city of St. Louis by suffering and permitting a pond to remain on its public highway was guilty of maintaining a nuisance, and is liable for any injury caused by such nuisance. (2) The defendant, Isabella Dawson, by suffering and permitting a pond to form on her premises adjoining a public highway, is liable for any injury caused by such pond. (3) “Unguarded premises supplied with dangerous attractions are regarded as holding out an implied invitation to children, which will make the owner of the premises liable for…

1Opinion of the CourtBurgess, J.

This is an action by plaintiffs, who were at the time of the injury complained of, husband and wife, and as such prosecute this suit to recover from defendants, the city of St. Louis and Isabella Dawson, the sum of $10,000 damages for the death of their two minor éhildren, Arthur James Arnold and Amanda Mary Arnold, who were drowned in the city of St. Louis, on the twelfth day of January, 1897, *177while skating upon the ice which had formed upon a pond of water, which it is alleged had formed upon a portion of Taylor avenue, one of the public streets in said city, between Margaretta and Kossuth…

2Cases cited14 opinions

  1. City of Pekin v. McMahonIllinois Supreme Court · 1895
  2. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  3. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  4. City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
  5. Smith v. City of St. JosephSupreme Court of Missouri · 1870

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Polk v. Laurel Hill Cemetery Assn.California Court of Appeal · 1918
  2. Davoren v. Kansas CitySupreme Court of Missouri · 1925
  3. Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
  4. Holifield v. WigdorSupreme Court of Missouri · 1951
  5. Straub v. City of St. LouisSupreme Court of Missouri · 1903

11 more not listed; retrieve them via the Exa API.

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