Terry Wayne Taylor v. Kansas City Book Reviews

Terry Wayne Taylor v. Kansas City by Supreme Court of Missouri En Banc Book Summary

Plaintiff, a minor, suing by next friend, had verdict and judgment against Kansas City, Missouri, in the sum of $6,000 for personal injuries sustained when he fell into a dry, unfenced concrete wading pool located in one of the city's parks immediately adjacent to the playground of a public school in which plaintiff was a pupil. The trial court, on notion of defendant, set aside the judgment on grounds of error in overruling its motion for a directed verdict filed at the close of all the evidence in the case and entered judgment for defendant. Plaintiff appealed to the Kansas City Court of Appeals. There the judgment was reversed and the cause remanded for a new trial on the issue of liability only. 353 S.W.2d 814. On application of defendant, the case was transferred to this court in accordance with the provisions of Art. V, § 10, of the Constitution of Missouri. The casualty occurred about 8:00 a.m. on May 13, 1958. Plaintiff, then seven years and nine months of age, was in the second grade at the Karnes Elementary School, situate at 550 Charlotte Street, which he had also attended through the first grade. School began at 8:30 a.m. It was the custom of his mother, who was employed as a saleslady, to bring him and his older brother, Joe, and his younger sister each school day to a nursery located one block from the school about 7:45 a.m., where they would remain until it was time for them to walk to the school, arriving around 8:15, at which hour some of the teachers also arrived and began supervision of the students. On the morning of May 13, however, plaintiff and his older brother, Joe, arrived before 8:00 and began to play ball with some of Joe's companions, all of whom were in the seventh grade, on the school playground situated north of the front of the school building and extending back southward along the west side thereof.

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