Butts v. National Exchange Bank

• Decision Date: 03 March 1903
• Citation: 72 S.W. 1083,99 Mo. App. 168
• Parties: BUTTS v. NATIONAL EXCHANGE BANK.
• Court: Missouri Court of Appeals

72 S.W. 1083

99 Mo. App. 168

BUTTS v. NATIONAL EXCHANGE BANK.

Court of Appeals at St. Louis, Missouri.

March 3, 1903.

PERSONAL INJURIES — FALLING OF GUARD RAILING—QUESTION FOR JURY—MENTAL SUFFERING—EVIDENCE.

1. Where a section of iron railing protecting the windows of defendants' building fell, injuring the foot of a pedestrian on the sidewalk, and it appeared that the other sections were fastened, while the one which fell was not, and had been loose for some time, and there was no claim that plaintiff was negligent, there was sufficient evidence of defendants' negligence to take the case to the jury on that issue.

2. In an action for personal injuries, evidence that plaintiff was in reasonable apprehension of blood poisoning was admissible to show mental suffering as an element of damage.

Appeal from Circuit Court, Greene County; J. T. Neville, Judge.

Action by A. F. Butts against the National Exchange Bank. From a judgment for defendant, plaintiff appeals. Reversed.

Tatlow & Young, for appellant. Mann, Seebree & Farrington, for respondent.

REYBURN, J.

The plaintiff sues defendant for personal injuries caused by the alleged negligence of the defendant, predicated on the following facts: Defendant, a federal banking corporation, had its place of business in the city of Springfield, in a building of which it was owner and had the care, management, and control on the 20th day of September, 1901. The building is located on the public square on the corner of Booneville street, and the sidewalks on both sides are on principal thoroughfares of the city of Springfield. The south side of the bank building is adjacent to and abuts upon the sidewalk on the north side of the public square, and along this side east and west an iron sill course about eight inches above the sidewalk and about eighteen inches in width extended along and formed part of the front of the building, and upon it, with spaces of six or seven feet between were erected iron columns supporting the front wall of the structure, and between and back of these columns were installed the plate-glass fronts of the banking room, resting upon the sill course, the surface of which was about eight or nine inches above the level of the sidewalk. For the purpose of protecting the glass fronts from injury, a guard railing was placed at the front of the recesses between the iron columns resting upon and two or three inches from the outer edge of the sill course, these railings being of iron, and weighing 50 to 75 pounds each, and finished on the top with eight or ten iron barbs or spear points six to eight inches in length. That on the date stated plaintiff stopped on the sidewalk in conversation with an acquaintance, and to get out of the way of the many people passing, as well as to escape the sunlight, stepped in the shade of the building next to one of these guard rails, which almost immediately turned over and fell upon the sidewalk, and one of the barbs penetrated plaintiff's shoe, and pierced partly through his foot at the instep, causing the injuries complained of. It appeared that this iron guard rail was not fastened to the window sill upon which it rested, nor to the columns on either side, but it does not appear what caused it to fall. Appellant, as well as the man with whom he was conversing at the time of the accident, testified that they did not know what caused it to fall; and the latter that he did not know whether they had touched it or not. The evidence further tended to show that for several months prior to the date of the accident...