Spengler v. Williams
Mississippi Supreme Court
Feom the circuit court of Warren county. Hon. Ralph Noeth, Judge. The facts are stated in the opinion. The plaintiff recovered a verdict and judgment for $1000, and, after motion for a new trial was overruled, defendant appealed. There was a total lack of evidence to show that the lumber pile was an object of attraction to children, and that Spengler knew it. It was necessary to prove these things.
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Feom the circuit court of Warren county. Hon. Ralph Noeth, Judge. The facts are stated in the opinion. The plaintiff recovered a verdict and judgment for $1000, and, after motion for a new trial was overruled, defendant appealed. There was a total lack of evidence to show that the lumber pile was an object of attraction to children, and that Spengler knew it. It was necessary to prove these things. It was necessary to aver them in the declaration, and being averred there must be proof to sustain them. There cannot be any presumption that children would play about the pile, and that Spengler…
1Opinion of the CourtCooper, J.
This is an action by appellee to recover against the estate of S. Spengler damages for the death of her son caused by the negligence of said Spengler. The declaration avers that Spengler negligently and carelessly piled a large lot of lumber in the public street in an unsafe and dangerous manner; that her son, a child of seven years, and other children in the vicinity were accustomed to play in and about said streets, and on the- day of October, while they were so playing around said lumber, by reason of the careless and negligent manner in which it had been piled, it fell upon and killed her…
2Cases cited2 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
- Gilbert v. Flint & Pere Marquette Railway Co.Michigan Supreme Court · 1883
3Cited by11 opinions
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Thompson v. Illinois Central R.Mississippi Supreme Court · 1913
- Znidersich v. Minnesota Utilities Co.Supreme Court of Minnesota · 1923
- Salter v. Deweese-Gammill Lumber Co.Mississippi Supreme Court · 1924
- W. L. Coleman v. Associated Pipeline Contracttors, Inc.Court of Appeals for the Fifth Circuit · 1971
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