Moran v. Pullman Palace Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hof. Daniel Dillon, Judge. (1) The owner of property having thereon any dangerous agency, which is either attractive to children or where he has knowledge that they resort to it for amusement, or otherwise, and he fails to use ordinary care, under the circumstances, -to guard the same against injury to .them, he must respond in damages for such neglect, irrespective of the fact that the danger is not adjacent to the highway.
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Appeal from St. Louis City Circuit Court. — Hof. Daniel Dillon, Judge. (1) The owner of property having thereon any dangerous agency, which is either attractive to children or where he has knowledge that they resort to it for amusement, or otherwise, and he fails to use ordinary care, under the circumstances, -to guard the same against injury to .them, he must respond in damages for such neglect, irrespective of the fact that the danger is not adjacent to the highway. Schmidt v. List. Co., 90 Mo. 284; Pekin v. McMahon, 154 Ill. 141; Leeright v. Ahrens, 60 Mo. App. 118; Fink v. Furnace Co., 10…
1Opinion of the CourtSherwood, J.
The subjoined plat shows the locality and surroundings of the accident which con*646stitutes the basis of the present action for damages caused by the drowning of plaintiffs’ son in a pond.
Bernard street on the north, Montrose avenue on the east, Scott avenue on the south, and Cardinal avenue on the west are the boundary lines of a square of ground *647owned by the Pullman Oar Company. Within that square of ground is located a pond caused by excavations in quarrying rock there. There are no houses in the immediate neighborhood, except as indicated on the plat, in the northwest corner of Bernard…
2Cases cited16 opinions
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Flynn v. Canton Co.Court of Appeals of Maryland · 1874
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Overholt v. ViethsSupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Kelly v. BenasSupreme Court of Missouri · 1909
- Ryan v. TowarMichigan Supreme Court · 1901
41 more not listed; retrieve them via the Exa API.