Thompson v. City of Slater
Missouri Court of Appeals
Appeal from Audrain. Circuit Court. — Ron. James D. Barnett, Judge. (1) The court erred in overruling defendant’s de-' murrer to the petition. The petition charges no facts constituting negligence on the part of defendant. It neither alleges that defendant knew or ought to have known that children would climb into the tree, but simply counts on the maintenance of the wires through the tree as negligence.
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Appeal from Audrain. Circuit Court. — Ron. James D. Barnett, Judge. (1) The court erred in overruling defendant’s de-' murrer to the petition. The petition charges no facts constituting negligence on the part of defendant. It neither alleges that defendant knew or ought to have known that children would climb into the tree, but simply counts on the maintenance of the wires through the tree as negligence. Defendant could not be negligent in this respect unless there was some fact from which it ought to reasonably anticipate that plaintiff would climb the tree and- come in contact with the…
1Opinion of the CourtAllen, J.
Plaintiff, a minor sues by his guardian (his father) for personal injuries sustained by reason of coming in contact with an uninsulated electric light wire of the defendant city. The suit was instituted in the circuit court of Saline county, but on change of venue it went to the circuit court of Audrain county, where a trial, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $3500.00 and the defendant appealed.
The amended petition upon which the cause was tried, after making certain formal allegations, avers that on June 17, 1911, and for a long time…
2Cases cited8 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Temple v. McComb City Electric Light & Power Co.Mississippi Supreme Court · 1906
- Benton v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1914
- Buckner v. Stock Yards Horse & Mule Co.Supreme Court of Missouri · 1909
- Elliott v. Allegheny County Light Co.Supreme Court of Pennsylvania · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Mouse v. Central Savings & Trust Co.Ohio Supreme Court · 1929
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Anstead v. Pacific Gas & Electric Co.California Supreme Court · 1928
- Chickering v. Lincoln County Power Co.Supreme Judicial Court of Maine · 1919
19 more not listed; retrieve them via the Exa API.