Thomas v. Missouri Power & Light Co.

DOWD, Judge.

A jury found defendant-appellant power company had acted negligently in failing to barricade an excavation it had made in a public street, and awarded plaintiff-respondent Carl Thomas $15,000 for injuries sustained when he tripped and fell into the excavation. Defendant appeals.

The facts are undisputed. On September 30, 1973 Carl Thomas of Krekel Street in Wellsville, Missouri was walking home after a visit with his mother. It was about 8:30 or 9:00 at night and completely dark. There are no sidewalks on Krekel Street and pedestrians must walk on the road. Thomas was aware that…