Barry v. Calvary Cemetery Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». Daniel G. Taylor, Judge. (1) Plaintiff was invited to come upon the premises of defendant, not for her pleasure, hut in the performance of a sacred duty, in the performance of which both parties were to be benefited, and she fell into a trap, a pitfall, and was seriously injured. Heaven v. Pender, 11 Q. B. D. 506; Welch v. McAllister, 15 Mo. App. 492; Thompson on Negligence, sec. 8 ; Webb’s Pollock on Torts-(Am.
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Appeal from St. Louis City Circuit Court. — No». Daniel G. Taylor, Judge. (1) Plaintiff was invited to come upon the premises of defendant, not for her pleasure, hut in the performance of a sacred duty, in the performance of which both parties were to be benefited, and she fell into a trap, a pitfall, and was seriously injured. Heaven v. Pender, 11 Q. B. D. 506; Welch v. McAllister, 15 Mo. App. 492; Thompson on Negligence, sec. 8 ; Webb’s Pollock on Torts-(Am. Ed. 1894), p. 627; Chapman v. Rothwell, 1 E. B. & E. 168; Holmes v. Railroad, L. R. 4 Ex. 254; White v. Francel, 2 C. P. D. 308. (2)…
1Opinion of the CourtValia Ant, P. J.
— This is an action for damages for personal injuries sustained by plaintiff in consequence, as she alleges, of the negligence of defendant. The defendant, as its name indicates, is a cemetery association; it owns a large cemetery in the city of St. Louis, containing several hundred acres. The plaintiff, *108according to her petition, had a proprietary interest in a lot in the cemetery and á sentimental interest in the fact that a deceased brother of hers was buried in- the lot and she had the right to visit the cemetery. The petition charges that it was the' duty of the corporation “to keep its…
2Cases cited1 opinion
- Barry v. Calvary Cemetery Ass'nMissouri Court of Appeals · 1904
3Cited by4 opinions
- Cohen v. DaviesMassachusetts Supreme Judicial Court · 1940
- Offutt v. O'LearyCourt of Appeals of Kentucky · 1924
- Ransom v. Union Depot Co.Missouri Court of Appeals · 1910
- Stellar v. SclarencoCourt of Appeals of Kentucky (pre-1976) · 1933