Evans v. Town of Trenton
Supreme Court of Missouri
Appeal from Grundy Circuit Cowt. — G-. L. Winters, Esq., Special Judge.' (1) The first instruction given by the court on the part of the plaintiff is erroneous in this, that it tells the jury that ‘ fit was the duty of defendant to keep its streets and sidewalks in good repair, free from obstruction, and safe for travel,” which requires defendant’s walks to be perfectly good and absolutely safe, a duty the law does not require of it; but it is its duty to keep its walks in…
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Appeal from Grundy Circuit Cowt. — G-. L. Winters, Esq., Special Judge.' (1) The first instruction given by the court on the part of the plaintiff is erroneous in this, that it tells the jury that ‘ fit was the duty of defendant to keep its streets and sidewalks in good repair, free from obstruction, and safe for travel,” which requires defendant’s walks to be perfectly good and absolutely safe, a duty the law does not require of it; but it is its duty to keep its walks in reasonably safe repair, and reasonably safe for travel only. Bunson v. St. Louis, 92 Mo. 482; Kling v. City of Kansas, 27…
1Opinion of the CourtThomas, J.
Action for personal injuries. Judgment in the court below for plaintiff for $4,000, and defendant appeals.
Plaintiff in her petition alleges that the sidewalk on one of defendant’s streets was by its negligence permitted to remain in a defective and dangerous condition for travel, and by reason thereof she fell and received serious and permanent injuries.
The defendant’s aüswer was a general denial, and contained a plea of contributory negligence on the part of the plaintiff.
The evidence on the part of the plaintiff tended to show that the sidewalk in question was constructed of boards placed…
2Cases cited11 opinions
- Mitchum v. StateSupreme Court of Georgia · 1852
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Brown v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. ClaflinCourt of Appeals of Washington · 1984
- Cole v. Uhlmann Grain Co.Supreme Court of Missouri · 1937
- Taylor v. Savings Union Bank & Trust Co.California Supreme Court · 1915
- Wood v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Dodd v. Missouri-Kansas-Texas Railroad Co.Supreme Court of Missouri · 1945
23 more not listed; retrieve them via the Exa API.