Kuenzel v. City of St. Louis.

• Citation: 278 Mo. 277,212 S.W. 876
• Decision Date: 02 June 1919
• Docket Number: No. 20137.,20137.
• Parties: KUENZEL v. CITY OF ST. LOUIS.
• Court: United States State Supreme Court of Missouri

212 S.W. 876

278 Mo. 277

KUENZEL v. CITY OF ST. LOUIS.

No. 20137.

Supreme Court of Missouri. Division No. 1.

June 2, 1919.

Appeal from St. Louis Circuit Court; Kent K. Koerner, Judge.

Action by Andrew Kuenzel against the City of St. Louis. From judgment for plaintiff, defendant appeals. Affirmed.

Charles H. Danes and Everett Paul Griffin, both of St. Louis, for appellant.

Muench, Walther & Muench, of St. Louis, for respondent.

BOND, J.

I. Action to recover damages for personal injuries resulting in the death of plaintiff's wife, due to the alleged negligence of the defendant.

The city of St. Louis, defendant herein, owns and maintains a park in the northeastern part of the city known as O'Fallon Park. On the bank of a small lake in this park is a two-story pavilion used as a boathouse, and for shelter, rest and refreshment. Opening from a large room on the main floor used as a lounge, there is a passageway leading to the women's dressing room. Above this doorway, in large letters is the word "women," and three feet inside this doorway is a flight of three steps descending to the level of the women's dressing and toilet room.

The evidence tends to prove that on the afternoon of July 12, 1914, about 7 o'clock and shortly before sunset, Francisca Kuenzel, plaintiff's wife, a woman in her late 50's, accompanied by a friend, entered this passageway on her way to the women's dressing room. Being unfamiliar with the building and having no knowledge of the steps inside the doorway, and the electric bulb that is placed in the ceiling to light the passageway being unlighted, she lost her balance and fell, fracturing her hip and sustaining other serious injuries. She was thereafter confined to her bed until the 19th day of September, when she died after a six-day attack of pneumonia, which the medical experts stated sometimes follows a fracture.

Defendant's answer was a general denial coupled with a plea "of contributory negligence.

The jury found for plaintiff, and assessed his damages at the sum of $1,500, and from a judgment entered in accordance, defendant appealed.

II. The first point made by appellant is that the city was acting in its governmental capacity in providing a pavilion furnished with a rest room and ladies toilet room in its public park. We think not. These conveniences were, primarily, if not exclusively, for the benefit of persons who frequented the park. In fact their existence in the park was essential to its use as a place of recreation and comfort. Without such necessities the park would be ill-adapted to the use of both sexes. That the establishment and maintenance of the park is the exercise of a proprietary function of a municipality...