Russell v. Inhabitants of Columbia
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. If the ground of this action was positive misfeasance on the part of the corporation, its officers or servants in doing an act which caused the street to he in a dangerous condition, no other notice to the corporation of the condition of the street would be essential to its liability, and the action of the court in leaving out of consideration the question of notice would not be error.
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Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. If the ground of this action was positive misfeasance on the part of the corporation, its officers or servants in doing an act which caused the street to he in a dangerous condition, no other notice to the corporation of the condition of the street would be essential to its liability, and the action of the court in leaving out of consideration the question of notice would not be error. But if plaintiff had a right of action upon the ground of the alleged neglect of the corporation to put the street in repair or to remedy the cause of…
1Opinion of the CourtHenry, J.
This suit was instituted in the Boone circuit court by plaintiff’ to recover damages for an injury sustained by her from falling into a ditch made by The Columbia Q-as & Coke Company, along Broadway street in said town and on a bridge in said street.
The accident occurred on the bridge on the night of August 13th, 1876, as plaintiff’ was returning from church with her escort. The ditch, or trench, for about fifteen feet east of the bridge and on the bridge, was left open from the 11th to the 14th of August, and witnesses for defendant testified that on the night of the 13th, as on previous…
2Cases cited10 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- City of Detroit v. CoreyMichigan Supreme Court · 1861
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Barr v. City of KansasSupreme Court of Missouri · 1891
76 more not listed; retrieve them via the Exa API.