Fink v. Missouri Furnace Co.
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Bindley, J. A land-owner who lias reason to know that dangerous agencies on his premises are attractive to children, is bound to use reasonable diligence to protect them against the danger; and if, as a result of his failure to exercise such care, a child, although trespassing at the time, suffers injury without being guilty of contributory negligence, the child or its representatives may maintain an action against him to recover…
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Error to the St. Louis Circuit Court, Bindley, J. A land-owner who lias reason to know that dangerous agencies on his premises are attractive to children, is bound to use reasonable diligence to protect them against the danger; and if, as a result of his failure to exercise such care, a child, although trespassing at the time, suffers injury without being guilty of contributory negligence, the child or its representatives may maintain an action against him to recover damages. — Stout v. Railroad Go., 2 Dill. 294; ,9. c. sub nom.; Railroad Go. v. Stout, 17 Wall. 657; Keffe v. Railroad Go., 21…
1Opinion of the CourtThompson, J.
This is an action to recover statutory damages from the defendant for its negligence resulting in the death of Charles Fink, the plaintiff’s son, a child of tender years. Under appropriate pleadings, there was evidence tending to show, at the trial, that the defendant is a corporation, and owned and occupied the premises upon which the accident happened. The plaintiff is a widow, and has a family of small children depending upon her for support. She gains a livelihood by washing, scrubbing, whitewashing, and such other like work as she can get to do, and has no income except her earnings. On…
2Cases cited33 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Blake v. . FerrisNew York Court of Appeals · 1851
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
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3Cited by13 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Semper v. the American PressMissouri Court of Appeals · 1925
- Kiser v. SuppeMissouri Court of Appeals · 1908
- Loveland v. GardnerCalifornia Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.