O'Brien v. Burroughs Adding Machine Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) The alley in question was not a public highway. It was closed on both ends and only accessible by crossing private property. The deceased was in consequence a trespasser and he must take the premises as he finds them.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) The alley in question was not a public highway. It was closed on both ends and only accessible by crossing private property. The deceased was in consequence a trespasser and he must take the premises as he finds them. The excavation, if any, on the property of this appellant was therefore not on or abutting a public highway, and - this appellant owed the deceased no duty to protect him against such excavation. Hunter v. Weston, 111 Mo. 176; Overholt v. Vieths, 90 Mo. 422; 1 Thompson on Negligence, page 303;…
1Opinion of the Court
NORTON!, J.
For a full understanding of the facts pertaining to the questions in decision in this appeal of the Burroughs Adding Machine Company, reference is made to the statement accompanying the appeal of the Hemans, defendants, in the same case— that is, James O’Brien, et al., v. August Heman et al., 191 Mo. App. 477, 177 S. W. 805 (decided today).
It is argued, first, that, as the defendant Burroughs Adding Machine Company did not create the nuisance — that is, the quarry — and is in no wise connected therewith but occupies the position merely of an adjoining proprietor, it is not liable…
2Cases cited12 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Finney v. BerrySupreme Court of Missouri · 1875
- Baustian v. YoungSupreme Court of Missouri · 1899
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
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3Cited by1 opinion
- Johnson v. HerringMontana Supreme Court · 1931