Porter v. Anheuser-Busch Brewing Ass'n
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A person, without fault on his part, sustaining an injury through direct contact with an obstruction • on the highway, may maintain a private action for damages. Fox v. 8'aolcett, 10 Alien, 535; Kessel ». Butler, •53 N. Y. 612; 1 Thompson on Negligence, 341, with •authorities therein cited.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A person, without fault on his part, sustaining an injury through direct contact with an obstruction • on the highway, may maintain a private action for damages. Fox v. 8'aolcett, 10 Alien, 535; Kessel ». Butler, •53 N. Y. 612; 1 Thompson on Negligence, 341, with •authorities therein cited. A child of tender years, or an ■old or infirm person, is expected to exercise no more than that degree of care due from those of his age or condition. Boland «. Railroad, 36 Mo. 484; Isabel v. Railroad, 60 Mo. 475 ; 1 Thompson on Negligence,…
1Opinion of the CourtRombauer, J.
This is an action to recover damages for injuries to the plaintiff ’ s person. The plaintiff was, at the date of the accident complained of, four year sand five months of age. The issues made by the pleadings are as follows :
The petition alleges that Albert B. Porter, a minor, between the age of five and fourteen years, on or about the twenty-eighth day of May, 1884, ivas walking with due care along the sidewalk on the north side of Pestallozzi street, between Eleventh and Thirteenth streets, in the city of St. Louis; that the defendant’s agents and servants were engaged, at work at the same…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Weick v. LanderIllinois Supreme Court · 1874
- Fink v. Missouri Furnace Co.Missouri Court of Appeals · 1881
- Thompson v. MyrickSupreme Court of Minnesota · 1873
3Cited by6 opinions
- Gandy v. CopelandSupreme Court of Alabama · 1920
- Leeright v. AhrensMissouri Court of Appeals · 1894
- Barnes v. City of St. JosephMissouri Court of Appeals · 1909
- Alligator Co. v. DuttonCourt of Appeals for the Eighth Circuit · 1940
- Osborn v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910
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