Hall ex rel. Hall v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John Q-. Park, Judge. (1) Tbe court erred in sustaining defendant’s objection to tbe introduction of any evidence on tbe ground that plaintiff’s petition did not state a cause of action. Plaintiff’s petition states a cause of action.
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Appeal from Jackson Circuit Court. — Hon. John Q-. Park, Judge. (1) Tbe court erred in sustaining defendant’s objection to tbe introduction of any evidence on tbe ground that plaintiff’s petition did not state a cause of action. Plaintiff’s petition states a cause of action. Tbe contrivance of a borse, rope and pulleys, as described in plaintiff’s petition is an attractive thing to children, “and so likely to excite the curiosity of children and induce them to meddle that a man of ordinary prudence would have anticipated and guarded against the risk.” Kelley v. Parker-Washington Co., 107 Mo.…
1Opinion of the CourtBroad Dus, P. J.
This is a suit for damages for injuries received by plaintiff as tbe alleged result of defendant’s negligence.
Tbe plaintiff at tbe time be received bis injuries was an infant five years of age. Tbe petition sets out that tbe defendant was operating and maintaining a telephone line in Kansas City, running north and south between Twenty-third and Twenty-fourth streets and parallel with Mersington avenue and about midway between tbe latter avenue and Cleveland avenue; that on tbe 29th day of June, 1907, tbe defendant was engaged in stretching a cable wire and lead conduit containing wires across…
2Cases cited5 opinions
- Witte v. StifelSupreme Court of Missouri · 1895
- Hillerbrand v. May Mercantile Co.Missouri Court of Appeals · 1909
- Kelley v. Parker-Washington Co.Missouri Court of Appeals · 1904
- Smith v. Jacob Dold Packing Co.Missouri Court of Appeals · 1899
- O'Hara v. Laclede Gas Light Co.Missouri Court of Appeals · 1908