Burt v. Nichols
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. Joseph A. Guthrie, Judge. (1) It was the duty of the defendant, as owner of the premises, to provide his building with fire escapes, and he is liable for injuries to a lodger due to a failure to construct such fire escapes. Yall v. Snow, 201 Mo. 511; Johnson v. Snow, 201 Mo. 4501. (2) The plaintiffs could not justly be required to prove their case by direct and positive, evidence or beyond a reasonable doubt.
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Appeal from Jackson Circuit Court. — lion. Joseph A. Guthrie, Judge. (1) It was the duty of the defendant, as owner of the premises, to provide his building with fire escapes, and he is liable for injuries to a lodger due to a failure to construct such fire escapes. Yall v. Snow, 201 Mo. 511; Johnson v. Snow, 201 Mo. 4501. (2) The plaintiffs could not justly be required to prove their case by direct and positive, evidence or beyond a reasonable doubt. It was enough to prove facts from which an inference might fairly and reasonably be drawn, that the mother’s life would have been saved, had…
1Opinion of the CourtParis, P. J.
This is an action by plaintiffs, who are the infant children of Jennie Bnrt Hoffmaister, for damages accruing by reason of the latter’s death in the burning in Kansas City of a building used as a lodging house. The negligence complained of was the failure of defendant to equip the burned building with a fire escape and other safety appliances, as required by the statutes of Missouri and the ordinances of Kansas City.
The building in question was a three-story brick building, or to be a little more exact, a two-story building with a mansard roof constituting a third-story and consisting of four…
2Cases cited14 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Blanton v. DolbSupreme Court of Missouri · 1891
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Adams v. Cumberland Inn Co.Tennessee Supreme Court · 1906
- Radley v. KnepflyTexas Supreme Court · 1911
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3Cited by18 opinions
- Finnegan v. Royal Realty Co.California Supreme Court · 1950
- Thompson v. Sun City Community Hospital, Inc.Arizona Supreme Court · 1984
- Gaines v. Property Servicing CompanySupreme Court of Missouri · 1955
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
13 more not listed; retrieve them via the Exa API.