Jensen v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — -How. Jos. A. Guthrie, Judge. (1) The city was not negligent as a matter of law in maintaining the wall ajbout the fountain in which the son of the plaintiffs was drowned. Carey y. Kansas City, 187 Mo. 715; Linebnrg v. City of St. Paul, 71 Minn. 245. (2) The negligence of parents in an action for the death of a child will bar their recovery.
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Appeal from Jackson Circuit Court. — -How. Jos. A. Guthrie, Judge. (1) The city was not negligent as a matter of law in maintaining the wall ajbout the fountain in which the son of the plaintiffs was drowned. Carey y. Kansas City, 187 Mo. 715; Linebnrg v. City of St. Paul, 71 Minn. 245. (2) The negligence of parents in an action for the death of a child will bar their recovery. Koons v. St. Louis, 65 Mo. 592; Wiese v. Eemme, .140 Mo. 289; Nleff v. Cameron, 213 Mo. 363; Berry v. Eailroad, 214 Mo. 603. (3) Where the facts are undisputed, as in the case at bar, and where but one inference can be…
1Opinion of the CourtEllison, P. J.
Plaintiffs are the parents of deceased Samuel Jensen a child five years old who was drowned in a fountain just south of the intersection of ninth street with the Paseo in Kansas City, and this action is brought by them on the ground of the alleged *361negligence of the city in permitting or conducting the fountain inadequately guarded. The judgment in the trial court was for the plaintiff.
The fountain basin was about circular and was near forty feet in diameter. The outer wall was of heavy stone and on the north and largely to the east and west was between twenty-four and twenty-seven inches in…
2Cases cited9 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Neff v. City of CameronSupreme Court of Missouri · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- Lockhart v. Kansas CitySupreme Court of Missouri · 1943
- Turner v. City of MoberlyMissouri Court of Appeals · 1930
- Hecht v. Des Moines Playground & Recreation Ass'nSupreme Court of Iowa · 1939
4 more not listed; retrieve them via the Exa API.