Strickland v. F. W. Woolworth & Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. Alfred Page, Judge. (1) Plaintiff’s own testimony shows that she fully knew and understood the character and construction of the stairway down which she fell, as well as all the surrounding conditions; for nearly eleven months had been familiar therewith, and fully knew, understood and appreciated the dangers, if any, incident to the use thereof.
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Appeal from Greene Circuit Court. — Eon. Alfred Page, Judge. (1) Plaintiff’s own testimony shows that she fully knew and understood the character and construction of the stairway down which she fell, as well as all the surrounding conditions; for nearly eleven months had been familiar therewith, and fully knew, understood and appreciated the dangers, if any, incident to the use thereof. It was a part of her contract' that she would use said stairway, and assume the risk thereof; hence, she cannot recover. 2 Thomp. on Neg., 1008; Roberts v. Tel. Co., 166 Mo. 370; Nugent v. Milling Co., 131 Mo.…
1Opinion of the CourtCox, J.
Plaintiff was employed by defendant as saleslady in what is known as the Five and Ten Cent Store on the west side of the public square in the city of Springfield and on the -day of March, 1908, was directed by her manager to go to the basement of the building to see aboutjsome goods sold that had not been delivered. In passing down the stairway to the basement she fell and was injured. It is charged in her petition that the injury was caused by the negligence of the defendant in not providing a safe stairway by which she might pass to the basement. The complaint is that said stairway was “in…
2Cases cited3 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Rogers v. Meyerson Printing Co.Missouri Court of Appeals · 1903
3Cited by4 opinions
- Wulff v. BosslerMichigan Supreme Court · 1917
- Morgan v. Oronogo Circle Mining Co.Missouri Court of Appeals · 1911
- Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911
- Kile v. Union Electric Light & Power Co.Missouri Court of Appeals · 1910