Charlton v. Jackson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The undisputed evidence shows that plaintiff was a bare licensee in the home of the defendants. The rule is well settled that the owner of premises owes to a licensee no duty as to the condition of such premises -unless imposed by statute, save that he should not knowingly let him run upon a hidden peril or wantonly or wilfully cause him, harm.
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Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The undisputed evidence shows that plaintiff was a bare licensee in the home of the defendants. The rule is well settled that the owner of premises owes to a licensee no duty as to the condition of such premises -unless imposed by statute, save that he should not knowingly let him run upon a hidden peril or wantonly or wilfully cause him, harm. The licensee enters upon the premises at his own risk and enjoys the license subject to its concomitant perils. 291 Cyc., 449; Barry v. Cemetery Assn., 106 Mo. App. 358;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the alleged joint and concurring negligence of the three defendants. Plaintiff recovered and defendants prosecute the appeal.
Plaintiff received her injuries through being shot in the right side, by means of a shotgun in the hands of defendant Kenneth Jackson, a minor, thirteen years of age. Kenneth Jackson is a defendant here, and the other two defendants are Robert J. Jackson, his father, and Laura Jackson, his mother.
It appears plaintiff resided adjoining and as immediate neighbor to the Jackson home. Friendly relations existed…
2Cases cited10 opinions
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Dailey v. HoustonSupreme Court of Missouri · 1874
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3Cited by21 opinions
- Scheibel v. HillisSupreme Court of Missouri · 1976
- Hulsey v. HightowerCourt of Appeals of Georgia · 1931
- Irby v. St. Louis County Cab Co.Missouri Court of Appeals · 1977
- Dinger v. BurnhamSupreme Court of Missouri · 1950
- Sabatinelli v. ButlerMassachusetts Supreme Judicial Court · 1973
16 more not listed; retrieve them via the Exa API.