THOMAS v. MISSOURI POWER & LIGHT CO.

No. 38494.

562 S.W.2d 412 (1978)

Carl E. THOMAS, Plaintiff-Respondent, v. MISSOURI POWER & LIGHT COMPANY, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Four.

February 14, 1978.


Attorney(s) appearing for the Case

Tofle, Mack & Oxenhandler, Ollie R. Mack, Jr., Columbia, for plaintiff-respondent.

McQuie & Deiter, Walter D. McQuie, Jr., Montgomery City, for defendant-appellant.


DOWD, Judge.

A jury found defendant-appellant power company had acted negligently in failing to barricade an excavation it had made in a public street, and awarded plaintiff-respondent Carl Thomas $15,000 for injuries sustained when he tripped and fell into the excavation. Defendant appeals.

The facts are undisputed. On September 30, 1973 Carl Thomas of Krekel Street in Wellsville, Missouri was walking home after a visit with his mother. It was about 8:30...

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