Graney v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in declaring as a matter of law the plaintiff could not recover. (2) The fact that plaintiff knew that the sidewalk was out of repair and defective, it being in the nighttime when she was passing over the sidewalk, did not as a matter of law make her guilty of contributory negligence in undertaking to pass over the sidewalk.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in declaring as a matter of law the plaintiff could not recover. (2) The fact that plaintiff knew that the sidewalk was out of repair and defective, it being in the nighttime when she was passing over the sidewalk, did not as a matter of law make her guilty of contributory negligence in undertaking to pass over the sidewalk. Loewer v. Sedalia, 77 Mo. 444; Matts v. Springfield, 101 Mo. 618; Flynn v. Neosho, 114 Mo. 572. As this was the only conceivable ground for the action of the lower court, if the…
1Opinion of the CourtRobinson, J.
— This action was instituted by plaintiff against the city of St. Louis to recover damages for an injury sustained by her while walking along one of the sidewalks of said city. The petition alleged that on the morning of April 25, 1889, the plaintiff, while walking along the west sidewalk of Yan Burén, an open street of the city, at a point near her home, she was tripped and thrown violently to the ground by reason of an iron pipe or water meter that was placed thereon, by the consent of the city, and that was left exposed so as to protrude several inches above the *183level of the walk, on…
2Cases cited1 opinion
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
3Cited by24 opinions
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Fischer v. City of St. LouisSupreme Court of Missouri · 1905
- Sheffer v. SchmidtSupreme Court of Missouri · 1930
- Newberry v. City of St. LouisSupreme Court of Missouri · 1934
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