Kean v. Schoening
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. (1) The owner of premises is only required to exercise ordinary care to prevent injury to one entering the premises upon his invitation.* He is not liable if injury happens, even though he exercised ordinary care. O’Donnell v. Patton, 117 Mo. 12; Eisenberg v. Railroad, 83 Mo.
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Appeal from. St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. (1) The owner of premises is only required to exercise ordinary care to prevent injury to one entering the premises upon his invitation.* He is not liable if injury happens, even though he exercised ordinary care. O’Donnell v. Patton, 117 Mo. 12; Eisenberg v. Railroad, 83 Mo. App. 85; Welch v. McAllister, 15 Mo, App. 492. (2) An instruction which permits- a recovery upon plaintiff’s theory, without regard to the plea and proof of contributory negligence on plaintiff’s part, is erroneous. Holladay Co. v. Moss Tie Co., 87…
1Opinion of the CourtGoode, J.
(after stating the facts as above). — At the time of the injuries complained of defendants conducted a hardware store at No. 305 North Twelfth street in the city of St. Louis. The storeroom was about sixty feet long and twenty feet wide.' Near the rear a stairway led to a cellar beneath the floor. This stairway was entered through a trapdoor in the floor which was, of course, an opening that a person might fall into if the door was left open. About nine o’clock in the morning of November 14, 1901, the plaintiff, Mrs. Kean, entered the store on business. She inquired for a coffee pot like a…
2Cases cited1 opinion
- Welch v. McAllisterMissouri Court of Appeals · 1884
3Cited by12 opinions
- Main v. LehmanSupreme Court of Missouri · 1922
- Joshmer v. Fred Weber Contractors, Inc.Missouri Court of Appeals · 1956
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Bender v. WeberSupreme Court of Missouri · 1913
- State Ex Rel. Elliott's Department Store Co. v. HaidSupreme Court of Missouri · 1932
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