Vonkey v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The question of reasonable time is sometimes one of fact and sometimes one of law. In this case we contend it was a question of fact, and should have been submitted to the jury. Randolph v. Prick, 57 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The question of reasonable time is sometimes one of fact and sometimes one of law. In this case we contend it was a question of fact, and should have been submitted to the jury. Randolph v. Prick, 57 Mo. App. 400; Bratner v. Powder Co., 100 S. W. 1000; Russell v. Columbia, 74 Mo. 480; Heberling v. Warrensburg, 103 S. W. 36; Hunt v. Railroad, 103 S. W. 1088; Mayes v. Palmeo, 103 S. W. 1141; Carvin v. St. Louis, 151 Mo. 334; Beauvais v. St. Louis, 169 Mo. 500. As to reasonable time for repair. Fullerton v. Fordyce,…
1Opinion of the Court
GRAVES, J. —
Plaintiff brought this action to recover the sum of $10,000 for injuries alleged to have been caused by falling upon an icy sidewalk. She alleged notice of the condition upon the part of the city, and further that said condition had existed for such length of time that the city, in the exercise of ordinary care, could have known of the condition of said walk in time to have remedied the same prior to her injuries. The material portions of her petition are:
“Plaintiff states that on the 15th day of December, A. D. 1904, she had occasion to leave her house at 2906 Pine street to…
2Cases cited3 opinions
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
- McNally v. . City of CohoesNew York Court of Appeals · 1891
3Cited by18 opinions
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Bristol Telephone Co. v. WeaverTennessee Supreme Court · 1921
- Walsh v. City of St. LouisSupreme Court of Missouri · 1940
- Berger v. Salt Lake CityUtah Supreme Court · 1920
- City of Waco v. DiamondTexas Commission of Appeals · 1933
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