Calhoun v. City of Milan
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) At the time plaintiff sustained his alleged injury he was not a traveler on the streets of the defendant city. He was merely seeking access thereto from Ash’s lumber yard, and the said city was not bound to furnish him with safe or any means of ingress to, or egress therefrom.
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) At the time plaintiff sustained his alleged injury he was not a traveler on the streets of the defendant city. He was merely seeking access thereto from Ash’s lumber yard, and the said city was not bound to furnish him with safe or any means of ingress to, or egress therefrom. It is only such streets and sidewalks as are public, and under the corporate control, that the city undertakes to keep in a suitable condition for use. Carpenter v. Cohoes, 81 N. Y. 21; Jones on Neg. Mun. Corp. 133. Where, therefore, the defect, if…
1Opinion of the CourtEllison, J.
The plaintiff sued the defendant city for personal injuries received in falling off a walk, which plaintiff alleged was a sidewalk on one of defendant’s streets. He recovered below and the city has brought the case here.
R. B. Ash owned the east half of a block of real estate facing the street, the north line of the street being the south line of the block. He had on the ground his residence, a lumber yard, and a little building on the southwest corner as an office. There was also a carpenter shop and perhaps some other buildings on other parts of the property. ' The grade of the street begins…
2Cases cited4 opinions
- Carpenter v. . City of CohoesNew York Court of Appeals · 1880
- Goodin v. City of Des MoinesSupreme Court of Iowa · 1880
- Fitzgerald v. City of BerlinWisconsin Supreme Court · 1885
- Mulvane v. City of South TopekaSupreme Court of Kansas · 1890
3Cited by2 opinions
- Shuptrine v. HerronMississippi Supreme Court · 1938
- City of Chicago v. McKennaAppellate Court of Illinois · 1904