Robinson v. Howard

Missouri Court of Appeals

Robinson v. Howard

83 S.W. 1031, 108 Mo. App. 368, 1904 Mo. App. LEXIS 53

DecidedNovember 29, 1904

StatusPublished

This text of 83 S.W. 1031 (Robinson v. Howard) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. Howard, 83 S.W. 1031, 108 Mo. App. 368, 1904 Mo. App. LEXIS 53 (Mo. Ct. App. 1904).

Pincite

Opinion

GOODE, J.

(after stating the facts). — The petition is said to state no cause of action for the reason [372]*372that it shows the respondent was on the premises where he was injured as a licensee. This position is untenable. The petition positively charges that the premises were used by the appellant as a place of business and a public resort; that the respondent was on them by .appellant’s invitation and fell into the open, unlighted and dangerous stairway while going to a room to which the appellant had invited him. This petition is good after verdict beyond doubt. The answer traversed its allegations and sharply defined issues were presented for trial.

The judgment is affirmed.

All concur.

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GOODE, J.

(after stating the facts). — The petition is said to state no cause of action for the reason [372]*372that it shows the respondent was on the premises where he was injured as a licensee. This position is untenable. The petition positively charges that the premises were used by the appellant as a place of business and a public resort; that the respondent was on them by .appellant’s invitation and fell into the open, unlighted and dangerous stairway while going to a room to which the appellant had invited him. This petition is good after verdict beyond doubt. The answer traversed its allegations and sharply defined issues were presented for trial.

The judgment is affirmed.

All concur.

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Bluebook (online)

83 S.W. 1031, 108 Mo. App. 368, 1904 Mo. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-howard-moctapp-1904.