William Tucker v. Nathan Taksel and Ruth Book Reviews

William Tucker v. Nathan Taksel and Ruth by St. Louis District Missouri Court of Appeals Book Summary

This is an action for damages by an infant against his parents' landlords, who appeal from a $7,000 judgment. Defendants claim
(1) that plaintiff's evidence was insufficient to establish liability and (2) that plaintiff's verdict-directing instruction
was erroneous. The first point calls for a statement of the evidence most favorable to plaintiff. Plaintiff was injured by falling through an open, unscreened window of his family's second floor apartment. Plaintiff, who
was then 13 years old, was playing handball against a wall when the ball bounced near the window. He grabbed for the ball
with his right hand and tried to brace himself with his left hand against the window sill. The sill broke loose and fell outward
to the ground, as did plaintiff. A description of the window and its surroundings: In the brick wall of the apartment there
is a set of three double-hung windows. The wide center window is flanked by two narrow windows. The wall is more than a foot
thick, and the window panes are flush with the outer surface of the wall. On the inner side of the panes at their base is
a ledge or window seat running the width of the three windows and extending inward about one foot. Upward from this inner
ledge there are trimmed window jams on each side and overhead, each of similar width. Outside the apartment walls, this set
of three windows was framed by decorative trim lumber, of 6 to 8 inches in width and extending outward from the brick wall
about that distance. Within this outer framework and, at its base, was the sill. The windows, when closed, rested on the inner
top surface of this sill. The sill, in turn, rested upon the wall and the base of the outer framework.

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William Tucker v. Nathan Taksel and Ruth (St. Louis District Missouri Court of Appeals) Book Reviews 2024

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