Kirkpatrick v. George Knapp & Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. Tbe coal-hole being a lawful feature of tbe sidewalk, the ordinary rule in regard to negligence applies. Tbe failure to keep tbe covering in place was not per se negligence on tbe part of appellant. At most, it could only be required to exercise proper care.
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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. Tbe coal-hole being a lawful feature of tbe sidewalk, the ordinary rule in regard to negligence applies. Tbe failure to keep tbe covering in place was not per se negligence on tbe part of appellant. At most, it could only be required to exercise proper care. Fisher v. ThirTcell, 21 Mich. 1; Beardsley v. Swan, 4 McL. 333; 1 Thompson on Negligence, sec. 7, p. 345. Non constat, but that the cover to the coal-hole had been misplaced by a trespasser, or person other than the appellant — in which event notice to appellant ought…
1Opinion of the CourtRombauer, J.
The plaintiff recovered judgment for bodily injuries sustained, on a certain day, by falling into a cellar-opening or coal-hole which the defendant maintained for its own accommodation in the sidewalk of a public street of the city of St. Louis. Her petition charges that, on said day, and for a long time prior thereto, the defendant wrongfully, carelessly, and negligently suffered and permitted the grating over said cellar-opening to become broken loose and unguarded, so that said cellar-opening was unsafe to persons passing along said sidewalk, *429whereby on said day the plaintiff, while…
2Cases cited3 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Wolf v. . KilpatrickNew York Court of Appeals · 1886
- Clark v. Famous Shoe & Clothing Co.Missouri Court of Appeals · 1885
3Cited by6 opinions
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Gordon v. PeltzerMissouri Court of Appeals · 1894
- Beane v. St. Joseph and Inv. Co.Missouri Court of Appeals · 1923
- Stevens v. WalpoleMissouri Court of Appeals · 1898
- Stoetzele v. SwearingenMissouri Court of Appeals · 1901
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