Smith v. City of St. Joseph
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The city of St. Joseph, having full power and control over its streets, was bound to keep them in a reasonably safe condition for persons traveling thereon, nor can this duty be evaded, suspended or cast upon others, by any act of its own.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The city of St. Joseph, having full power and control over its streets, was bound to keep them in a reasonably safe condition for persons traveling thereon, nor can this duty be evaded, suspended or cast upon others, by any act of its own. Kiley v. City of Kansas, 87 Mo. 103; Bussell v. Town of Columbia, 74 Mo. 480; Welsh v. City of St. Louis, 73 Mo. 71; Norton v. City ■of St. Louis, 97 Mo. 537. (2) When the defect in a street is the result of the act of the corporation itself, or of others acting under its authority,…
1Opinion of the CourtSmith, P. J.
This suit was brought to recover two hundred dollars damages for injury to the plaintiff’s horse, which was caused by said horse stepping in a hole from eight to twelve inches deep, at the corner of Fourth and Patee streets, one of the principal thoroughfares of the city of St. Joseph, Missouri. The plaintiff ’s servant was driving his team of horses attached to .a sleigh along said street on the twenty-sixth day of December, 1888, and turned his horses out of the beaten track at the place above mentioned to pass another team : the snow was about a foot deep on the ground and no trace of any…
2Cases cited4 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- Taubman v. City of LexingtonMissouri Court of Appeals · 1887
3Cited by4 opinions
- Charles Eneu Johnson Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1912
- Aeby v. Missouri Pacific RailroadSupreme Court of Missouri · 1926
- Jarboe v. City of CarrolltonMissouri Court of Appeals · 1898
- Steffen v. FoxMissouri Court of Appeals · 1894