Beitch v. Central Terminal Co.

• Decision Date: 06 December 1938
• Docket Number: No. 24592.,24592.
• Citation: 122 S.W.2d 94
• Parties: BEITCH v. CENTRAL TERMINAL CO. et al.
• Court: Missouri Court of Appeals

122 S.W.2d 94

BEITCH v. CENTRAL TERMINAL CO. et al.

No. 24592.

St. Louis Court of Appeals. Missouri.

December 6, 1938.

Appeal from St. Louis Circuit Court; Harry F. Russell, Judge.

"Not to be published in State Reports."

Action by Harry Beitch against the Central Terminal Company and the Illinois Terminal Company, for injuries sustained from fall in entrance way of the defendants' waiting room. The plaintiff dismissed action as to the Central Terminal Company. From a judgment for the plaintiff, defendant Illinois Terminal Company appeals.

Reversed.

Norris H. Allen and Anderson, Gilbert, Worfort, Allen & Bierman, all of St. Louis, for appellant.

Fisher & Aronoff and Louis Bacon, all of St. Louis, for respondent.

BECKER, Judge.

Plaintiff filed his petition in the justice court making the Central Terminal Company and the Illinois Terminal Company defendants, in his action for damages for personal injuries alleged to have been sustained by him on July 12, 1935, as the result of a fall upon the floor of the waiting room of the Illinois Terminal Company in the Central Terminal Building located in the city of St. Louis. When tried in the circuit court on appeal plaintiff dismissed as to defendant Central Terminal Company and recovered judgment against defendant Illinois Terminal Company, from which judgment said defendant in due course appeals.

Plaintiff's petition states that the Central Terminal Building is situated on the southeast corner of 12th & Delmar boulevards in St. Louis; that a part of the ground floor was occupied by the defendant Illinois Terminal Company as a waiting room, and part by the Thompson's Restaurant, which one could enter from 12th street or from the waiting room of the Illinois Terminal Company. The waiting room in turn had an exit into the lobby of the Central Terminal Building, and an exit to 12th street. Plaintiff's petition alleges that at noontime of the day mentioned above, he went to the said Thompson's Restaurant for his luncheon, entering by the door from 12th street, and left the restaurant by way of the door leading into the waiting-room of the Terminal Company, and that while walking out of the waiting room into 12th street, he slipped on some water on the floor, was caused to fall, and injured himself, as the direct result of defendant's negligence in permitting the entrance from 12th street into the waiting room to become dangerous and unsafe for use, by allowing the accumulation of water at and in close proximity to said entrance, when defendant knew, or by the exercise of ordinary care should have known of such dangerous condition; that defendant failed to provide mats or failed to take any other precaution for or in behalf of the safety of their patrons, and failed to clear up the entrance when it knew, and had ample opportunity to know of the presence of the water in this entrance way.

Defendant filed no answer, the case having originated in the justice court.

At the trial of the case plaintiff himself was the sole witness as to the alleged accident, and two witnesses, physicians, testified as to the character and extent of plaintiff's injuries. The defendant offered no testimony but stood on its demurrer offered at the close of plaintiff's case, which was overruled by the court. The case was submitted to the jury, who found a verdict in favor of plaintiff, and from the resulting judgment defendant, Illinois Terminal Company, appeals.

Plaintiff himself testified that on July 12, 1935, he was a machine operator for a millinery company located at 11th & Washington avenues in the city of St. Louis; that it had been raining all of that morning; that at twelve o'clock noon he went to the Thompson's Restaurant in the Central Terminal Building and ate his luncheon; that he stayed in Thompson's Restaurant thirty to forty-five minutes; that when he finished he left the restaurant by a door which leads into the waiting room of the Illinois Terminal Company, walked across the waiting room toward the door which leads out into 12th street, and that "about six feet it was wet from the door, and as soon as I saw the wetness I slipped and fell on my left side. There was water accumulated around the doorway on the inside of the waiting room. There was plenty of water. The floor was wet. I slipped on that wet portion. * * *"

On cross-examination plaintiff admitted that as he had walked along 12th street, going to Thompson's Restaurant, he saw that "it was wet in there," around the entrance door where he slipped and fell; and further plaintiff admitted that when he was about ten feet from the door he saw that the wooden floor around the door was...