Davis v. Ringolsky
| Decision Date | 04 April 1910 |
| Citation | 143 Mo. App. 364,127 S.W. 625 |
| Parties | DAVIS v. RINGOLSKY. |
| Court | Missouri Court of Appeals |
Premises were used solely for the sale of medicinal spring water. Gravel walks with shade trees and seats were maintained on the grounds. Many persons resorted to the grounds. A mother, desiring to obtain the water for her sick child, went on the premises by passing over a wire fence, and proceeding towards the gravel walk leading to the spring. While doing so, she fell into an unguarded well. Held that, assuming that she was there by invitation, the occupant of the premises was not liable for the injuries sustained, she being on the premises for her private convenience.
Appeal from Circuit Court, Jackson County; John G. Park, Judge.
Action by J. M. Davis against I. J. Ringolsky. From a judgment for defendant, plaintiff appeals. Affirmed.
Botsford, Deatherage & Creason, for appellant. Craven & Moore, Karnes, New & Krauthoff, and Arthur Miller, for respondent.
This is a suit to recover damages for the death of plaintiff's wife alleged to have been caused by the negligence of defendant.
On the 20th day of September, 1906, plaintiff's wife fell into a well or manhole on the defendant's premises at Excelsior Springs, Mo., whereby she was severely injured, from the effects of which she subsequently died. In the year of 1906 defendant purchased a tract of ground in Excelsior Springs, containing several acres, and known as the "Elms Hotel Grounds." The tract was bounded on the east by a stream called "Fishing River"; on the north by St. Louis avenue; on the west by Kansas City avenue; and on the south partly by Fishing river and partly by other lands. The tract is longest north and south, and almost uniform in length, but it varies in width east and west, as the line on the east side follows the meandering of Fishing river. Prior to the time of defendant's purchase the tract was the site of what was known as the Elms Hotel, which had been destroyed by fire, and was unused except as will hereafter appear. At the northwest corner there was a pagoda erected over what was called the "Sulpho-Saline Springs." Near the southeast corner of the tract was located what is known as "Regent Springs." The site of the destroyed hotel was near the northwest corner, and the three buildings known as the "Bowling Alley," "Engine House," and "Swimming Pool" were situated a short distance south and near the west line of the tract of land at Kansas City avenue. There was a gravel walk beginning near the center of the tract on the north, extending nearly in a south line until it passed by the hotel ruins, where it divided, one part going west and south, the other east and south in an elongated circle, until they met before they reached the south line. The premises had been inclosed by a wire fence, but in places it had been allowed to fall into decay, and grass had grown up around the ruins of the destroyed hotel. There was an opening at the beginning of the walk on the north line; and there was also an entrance near the Bowling Alley from which a walk also connected with the one described, and (one from) an entrance at the Pagoda. There was the following writing posted up at these entrances, "Visitors welcome, but undersigned will not be responsible for accidents occurring on these premises." No business was being conducted except the sale of sulphosaline water at the Pagoda in the northwest corner. People of the town and...
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