Butz v. Cavanaugh
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. • (1) The owner of land owes some duty even to a trespasser, and the law will not permit him to take advantage of the trespass to inflict serious injury either by his own hands or through snares and deáthtraps.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. • (1) The owner of land owes some duty even to a trespasser, and the law will not permit him to take advantage of the trespass to inflict serious injury either by his own hands or through snares and deáthtraps. Bishop on Noncontraet Law, secs. 846 and 847. ■ 1' Thompson on Negligence, notes sec. 2, on p. 300. (2) He who baits upon his premises, man or beast, by taking advantage of their instincts is not trespassed against, and it is his duty to warn, guard, and protect them while there against all objects inherently…
1Opinion of the CourtMacfarlane, J.
Plaintiff, a minor, by his next friend, prosecutes this suit to recover of defendants damages on account of having his feet badly burned by reason of the alleged negligence of defendants. The defendants are Timothy Cavanaugh, the owner of an old rock quarry, the Cavanaugh Construction Company, a corporation, and lessee of said quarry, and the city of St. Louis.
An old quarry about sixty feet deep, and about one block in area, constitutes the dangerous property complained of. The property was surrounded on the east by Glasgow avenue, on the south by Madison street, on the west by Garrison…
2Cases cited1 opinion
- Witte v. StifelSupreme Court of Missouri · 1895
3Cited by14 opinions
- Kelly v. BenasSupreme Court of Missouri · 1909
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- Mayor of Dalton v. WilsonSupreme Court of Georgia · 1903
- Loth v. Columbia Theatre Co.Supreme Court of Missouri · 1906
- Carey v. Kansas CitySupreme Court of Missouri · 1905
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