Lauer v. Copaken, 21616

Decision Date05 November 1951
Docket NumberNo. 21616,21616
Citation241 Mo.App. 1237,244 S.W.2d 422
PartiesLAUER v. COPAKEN et al.
CourtMissouri Court of Appeals

Ira B. Burns, Horace G. Pope, Kansas City, for appellant.

Clyde J. Linde, Billy S. Sparks, Kansas City, Langworthy, Matz & Linde, Kansas City, of counsel, for respondents.

SPERRY, Commissioner.

Plaintiff was a guest of tenants occupying a building owned by defendants, and sued for injuries sustained when he fell down a flight of stairs on the premises. Judgment was for plaintiff in the sum of $2500. The court sustained defendants' motion for new trial and plaintiff appeals.

Plaintiff testified to the effect that, at the time his injuries were received, he was a salesman; that he was eligible for membership in Jack Willoughby Post, Veteran of Foreign Wars, located on the third floor of defendants' building in Kansas City, Missouri; that he was desirous of becoming a member of said post; that he had visited its club rooms three or four times and, on Sunday night, December 14, 1947, after work at about 6:00 p. m., he entered the building and walked up the stairway into the club rooms; that the club sold beer and he intended to drink some beer before dinner; that he drank two or three bottles of beer and bought a few bottles of beer for others; that he was desirous of making a good impression; that he wanted to become a member and that members of the club were working on him to join; that he later became a member; that his visit was chiefly for the purpose of becoming better acquainted with the members of the club with a view toward membership; that after an hour or two he left the club, intending to eat dinner, then go home; that it was then dark and there was no light at the bottom of the stairway; that, as he was descending, he met two ladies, about five steps from the bottom; that in making way to permit them to pass, he lost his balance, grasped for a railing on the right-hand side of the stairway and, there being no railing, was unable to recover his balance; that he fell to the bottom of the stairway, crashing into the lower panel of the entrance-door; that the end of his nose was severed, requiring a skin graft from his shoulder, the bridge was cut, and he suffered multiple lacerations about the face.

He stated that he was dazed from the fall and from injuries sustained; that he was bleeding profusely; that he walked about half a block east, crossed the street and came back west; that someone stopped him and sat him in a chair across the street from the club, in front of Hamilton's Cafe; that an ambulance came and took him to General Hospital where his injuries were treated. He was released five days later and lost about one month from his work.

He admitted that he stated, on deposition, that he was in the club room thirty or forty minutes but said that he might have been there that long or longer. Records indicated that he was admitted to the hospital at about 10:30 p. m., but plaintiff stated that he actually arrived sooner and was later taken to the main hospital. However, it is not claimed that the weight of his testimony, on all points, was not for the jury to determine.

Mr. Quick, a member of the club, testified for plaintiff to the effect: that he was at the club the night plaintiff was injured; that he heard about the injury at about 8:00 p. m.; that there was no railing along the right-hand side of the stairway, coming down; that there was no light at the bottom of the stair; that when he left the building, at about 9:00 p. m., he observed that the bottom section of the entrance-door, which was of glass, had been broken, and that there was blood on the door.

Roy Grubb, a member of the club, testified to the effect that he was in Hamilton's Cafe, across the street from the club entrance, about 8:00 p. m.; that he saw plaintiff walking east on 31st Street; that he walked east about one-half block, then crossed the street, walked back west, and fell at the corner; that plaintiff was bleeding profusely and walking rapidly; that witness walked behind plaintiff, tried to catch him to see what was wrong with him, but that he fell before he caught him; that plaintiff was walking straight, holding his hand to his face; that blood was running from his face and hand; that police came, and an ambulance arrived and took plaintiff away; that the glass of the club entrance-door was broken out and there was blood around the doorway.

Another member of the club, Mr. Hasenyager, testified to the effect that he was in Hamilton's Cafe, at about 8:00 p. m., when someone asked for a member to give plaintiff aid; that he went out to where plaintiff was standing; that he was bleeding profusely; that he put him in a chair and applied ice and a cold towel to his face to stop the flow of blood; that an ambulance came and took him to hospital; that witness was at the club and saw plaintiff leave, at around 7:30; that when witness passed down the stairway he noticed that the lower half of the doorway was broken out and that there was blood on the sidewalk and on the door.

It is conceded that there was no railing along the right-hand side (descending) of the stairway; that the building was constructed many years ago; and that Kansas City's building code, which was introduced in evidence, requires that stairways, such as the one here involved, have hand railings on both sides. However, the building code became effective long after this building was constructed and it was not shown that the building had been remodeled since its original construction. The evidence showed that the stairway is 58 inches wide; that there were 22 steps; that the risers were 7 1/2 inches in height; that the steps were 10 inches in width; that plaintiff's shoes were 12 inches in length, so that they would protrude beyond the 'nose' of the steps.

A policeman, testifying for defendants, stated that plaintiff was intoxicated when the ambulance arrived.

The court granted a new trial because of error, as he...

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2 cases
  • Derboven v. Stockton
    • United States
    • Missouri Court of Appeals
    • December 20, 1972
    ...them liberally to effect their purposes. 13 Am.Jur.2d, Buildings, § 27. It appears that Missouri takes the latter view. Lauer v. Copaken, 244 S.W.2d 422 (Mo.App.1951) (provision of a building code requiring stairway railings is remedial and should be liberally In Gross v. Chrysler Sales Cor......
  • Rowe v. Kansas City Public Service Co.
    • United States
    • Missouri Court of Appeals
    • February 4, 1952

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