Combs v. City of Kirksville
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing defendant’s demurrer to the evidence at the close of plaintiff’s case, and in refusing defendant’s demurrer at the close of all of the evidence. We think that the. case is clearly covered by Wheat v. .St.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing defendant’s demurrer to the evidence at the close of plaintiff’s case, and in refusing defendant’s demurrer at the close of all of the evidence. We think that the. case is clearly covered by Wheat v. .St. Louis, 179 Mo. 572; Morrison v. Construction Co., 44 Wis. 405; Hays v. Railroad, 97 N. Y. 259. (2) A person having knowledge of a defect in a street must use reasonable care to avoid it, and that eare must increase in proportion to his knowledge of the risk. Wheat v. St. Louis, 179 M'o. 572; Cohn…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages for an injury alleged to have been the result of the defendant’s negligence in the faulty construction and maintenance of one of its sidewalks.
Jefferson street in said city runs east and west and intersects Marion street running north and south. The city, in improving Jefferson street which was sixty feet wide, paved only twenty-four feet with the center six inches higher than the outer edges of the pavement. There was a space on each side of the paved street of twelve feet between the pavement and sidewalks and the sidewalks were each six feet wide.…
2Cases cited3 opinions
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Kennedy v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1905
3Cited by8 opinions
- Newberry v. City of St. LouisSupreme Court of Missouri · 1934
- Burton v. Kansas CityMissouri Court of Appeals · 1914
- Aeby v. Missouri Pacific RailroadSupreme Court of Missouri · 1926
- Kelly ex rel. Kelly v. WalshMissouri Court of Appeals · 1914
- State Ex Rel. City of Cameron v. TrimbleSupreme Court of Missouri · 1928
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