Christman v. Meierhoffer
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon William H. Martin, Judge. (1) Defendant was not negligent. (2) He had the right to pile the materials for the pavement in the street and to use a part thereof for a reasonable time for that purpose. Hesselbach v. St. Louis, 179 Mo. 522; Gerdes v. Iron & Foundry Co., 124 Mo. 354; Elliott on Roads aud Streets (2 Ed.), sec. 693; Pueschell v. Wire & Iron Works, 79 Mo.
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Appeal from Cooper Circuit Court. — Hon William H. Martin, Judge. (1) Defendant was not negligent. (2) He had the right to pile the materials for the pavement in the street and to use a part thereof for a reasonable time for that purpose. Hesselbach v. St. Louis, 179 Mo. 522; Gerdes v. Iron & Foundry Co., 124 Mo. 354; Elliott on Roads aud Streets (2 Ed.), sec. 693; Pueschell v. Wire & Iron Works, 79 Mo. App. 462. (3) It was not, as a matter of law, requisite that defendant should maintain lights upon the material piled in the street, in the absence of a reasonable necessity therefor as a…
1Opinion of the CourtJohnson, J.
Action for damages resulting from personal injuries alleged to have been sustained in consequence of the negligence of defendant. Plaintiff recovered judgment in the sum of five hundred dollars and defendant appealed.
On the date of injury April 9, 1904, defendant was the owner of certain residence property in the city of Boonville situated on the south side of High street, one of the public streets in said city, and was having a granitoid sidewalk laid in front of the premises. Materials for use in this construction, such as stone, sand, *50cinders, etc., were piled in the macadamized roadway,…
2Cases cited10 opinions
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
- City of Ottumwa v. ParksSupreme Court of Iowa · 1876
- Stuart v. HavensNebraska Supreme Court · 1885
- Cook v. FogartySupreme Court of Iowa · 1897
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3Cited by5 opinions
- Daneschocky v. SiebleMissouri Court of Appeals · 1917
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Johnson v. City of HuntingtonWest Virginia Supreme Court · 1917
- Department of Revenue v. James A. Head & Co., Inc.Court of Civil Appeals of Alabama · 1974
- McKee v. PetersMissouri Court of Appeals · 1910