Anderson Ex Rel. Anderson v. Cahill

FRED E. SCHOENLAUB, Special Judge.

In this action for personal injuries, the trial court sustained defendant’s Motion for Directed Verdict at the close of plaintiff’s case and plaintiff appeals. Plaintiff was injured when he fell into a ten foot deep excavation on the premises of St. Mary’s Church in Independence, Mo. At the time of his injury, October 13, 1962, plaintiff was four years ten months of age.

Defendant Cahill had entered into a construction contract with the church diocese to build an addition to the church. Construction commenced on September 5, 1962. Thereafter, and prior to…