Miller v. George B. Peck Dry Goods Co.
Missouri Court of Appeals
Appeal from. Cass Circuit Court. — Wm. L. Jcurrott, Judge. Upon the proposition that the plaintiff can not recover in this case for the reason that the defendant was in no way at fault itself, and could not have anticipated the act of a third party in interfering with a window in an otherwise safe and proper condition, and that the accident was the result of the independent act of a third party which was the proximate cause of the accident, •we invite the court’s reading of…
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Appeal from. Cass Circuit Court. — Wm. L. Jcurrott, Judge. Upon the proposition that the plaintiff can not recover in this case for the reason that the defendant was in no way at fault itself, and could not have anticipated the act of a third party in interfering with a window in an otherwise safe and proper condition, and that the accident was the result of the independent act of a third party which was the proximate cause of the accident, •we invite the court’s reading of the following authorities : Krone v. Railway, 97 Mo. App. 609; Goodrich v. Railway, 152 Mo. 228; Burns v. Railway, 129…
1Opinion of the CourtEllison, J.
This action is for personal injury received by the plaintiff as the result of falling out of a window of defendant’s building to the street twenty-five feet below. At time of injury plaintiff was a child between one and two years old. The judgment in the trial court was for the plaintiff.
It appears that defendant is the proprietor of a large retail business in Kansas City known as a department store. That in the prosecution of such business it ■has and maintains a building several stories in height, at the northwest corner of Eleventh and Main streets. That on the third floor of the building,…
2Cases cited5 opinions
- Welch v. McAllisterMissouri Court of Appeals · 1884
- O'Donnell v. PattonSupreme Court of Missouri · 1893
- Kean v. SchoeningMissouri Court of Appeals · 1903
- Hartman v. MuehlebachMissouri Court of Appeals · 1896
- Sykes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901
3Cited by13 opinions
- Petree v. Davison-Paxon-Stokes Co.Court of Appeals of Georgia · 1923
- Miller v. GeeserMissouri Court of Appeals · 1915
- Shaw v. ButterworthSupreme Court of Missouri · 1931
- Baker v. Dallas Hotel Co.Court of Appeals for the Fifth Circuit · 1934
- Howlett v. Dorchester Trust Co.Massachusetts Supreme Judicial Court · 1926
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