Davis v. Ringolsky
Missouri Court of Appeals
"Appeal from Jackson Circuit Court. — Eon. John Q. Park, Judge. (1) On the conceded facts in this case, plaintiff’s wife was both expressly and impliedly invited by defendant to go on defendant’s premises where she fell into the well, from which her death resulted. And the trial court erred in sustaining defendant’s demurrer to the evidence and in not submitting the case to the jury.
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"Appeal from Jackson Circuit Court. — Eon. John Q. Park, Judge. (1) On the conceded facts in this case, plaintiff’s wife was both expressly and impliedly invited by defendant to go on defendant’s premises where she fell into the well, from which her death resulted. And the trial court erred in sustaining defendant’s demurrer to the evidence and in not submitting the case to the jury. Charlton v. Railroad, 200 Mo. 441; Words & Phrases, vol. 4, p. 3432; American Digest (Century Ed.), vol. 37, columns 390-392; Bennett v. Railroad, 102 U. S. 577; 0>’Donnell v. Patton, 117 Mo. 13; Buesching v.…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover damages for the death of plaintiff’s wife alleged to have been caused by the negligence of defendant.
On the 20th day of September, 1906, plaintiff’s wife fell into a well or manhole on the defendant’s premises at Excelsior Springs, Missouri, whereby she was severely injured.from the effects of which she subsequently died. In the year of 1906 defendant purchased a tract of ground in Excelsior Springs, containing several acres, and known as the Elms Hotel grounds. The tract was bounded on the east by a stream called Fishing river; on the north by St. Louis avenue; on…
2Cases cited3 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Barry v. Calvary Cemetery Ass'nMissouri Court of Appeals · 1904
- Archer v. Union Pacific RailroadMissouri Court of Appeals · 1905
3Cited by1 opinion
- Porchey v. KellingSupreme Court of Missouri · 1945