Schmidt v. Kansas City Distilling Co.
Citation | 1 S.W. 865,90 Mo. 284 |
Parties | SCHMIDT and Wife v. KANSAS CITY DISTILLING CO. |
Decision Date | 15 November 1886 |
Court | United States State Supreme Court of Missouri |
Appeal from Jackson circuit court.
Action to recover damages for the death of plaintiffs' infant child. Judgment for plaintiffs. Defendant appeals.
Adams & Stubenranch, for respondents, Schmidt and another. Gage, Ladd & Small, for appellant, Kansas City Distilling Co.
The plaintiffs are husband and wife, and parents of a child, three years old, Louisa, whose death occurred November 2, 1883, upon the premises of the defendant; and plaintiffs allege that it was caused by the negligence of the defendant. The petition is as follows:
The evidence in the case tended to show that plaintiffs were husband and wife, and the lawful parents of Louisa Schmidt, the deceased; that said Louisa Schmidt, an infant and unmarried, three years and three days old, died on the second day of November, 1882, of the injuries received the same day, and some three hours earlier, on the defendant's premises; that the defendant was the owner and operator of a distillery east of and near the city of Kansas, on the south side of the Missouri river; that the distillery buildings were situated on the south side of a public road, 40 feet wide, which runs north-east, and nearly parallel to a slough, which was formerly a main channel of the river, but which has recently been to a great extent filled up; and that across the slough, and between it and the river proper, are situated the cattle-sheds of the defendant, which owns the property from the public road to the...
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