Williams ex rel. Williams v. Springfield Gas & Electric Co.
Supreme Court of Missouri
Appeal from G-reene Circuit Court. — Hon. Arch A. Johnson, Judge. , (1) No evidence should have been admitted under the petition.
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Appeal from G-reene Circuit Court. — Hon. Arch A. Johnson, Judge. , (1) No evidence should have been admitted under the petition. Because: (a) On the face of the petition and on the opening statement following the allegations of the petition, it does not appear that the defendant owed any duty whatsoever to the plaintiff, even considering him as an immature child incapable of contributory negligence, (b) On the face of the petition and on the opening statement (to be specific) it does not appear that defendant created, or was responsible for the creation of an attraction to children, or an…
1Opinion of the CourtBlair, J.
This cause was transferred here by the Springfield Court of Appeals. The appeal is from a judgment for damages for injuries suffered by respondent, then nine years old, from contact with ap-' pellant’s electric wires. These wires carried a powerful current, and were so placed that they passed through a tree which stood on or very near the line dividing a public alley from a building lot in Springffeld. The tree was thirty or more feet high and its lower branches were near the ground. It was a tree which children could and did climb easily. The insulation of the wires *8near and in the tree had…
2Cases cited8 opinions
- Temple v. McComb City Electric Light & Power Co.Mississippi Supreme Court · 1906
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Sweeten v. Pacific Power & Light Co.Washington Supreme Court · 1915
- Consolidated Electric-light & Power Co. v. HealySupreme Court of Kansas · 1902
- Elliott v. Allegheny County Light Co.Supreme Court of Pennsylvania · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ketcham v. ThomasSupreme Court of Missouri · 1955
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Gladden v. Missouri Public Service CompanySupreme Court of Missouri · 1955
- McPheters v. LoomisSupreme Court of Connecticut · 1939
- Erbes v. Union Electric CompanySupreme Court of Missouri · 1962
33 more not listed; retrieve them via the Exa API.