Devlin v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. ■ Daniel D. Fisher, Judge. (1) Plaintiff’s own testimony indisputably establishes that sbe was guilty of contributory negligence as a matter of law. Craine v. Railroad, 152 S. W. 24; Cohn v. Kansas City, 108 Mo. 387; Ray v. Poplar Bluff, 70 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. ■ Daniel D. Fisher, Judge. (1) Plaintiff’s own testimony indisputably establishes that sbe was guilty of contributory negligence as a matter of law. Craine v. Railroad, 152 S. W. 24; Cohn v. Kansas City, 108 Mo. 387; Ray v. Poplar Bluff, 70 Mo. App. 252; Wheat v. St. Louis, Í79 Mo. 572; Coffey v. Carthage, 186 Mo. 573; Woodson v. Railroad, 224 Mo. 685; Ryan v. Kansas City, 232 Mo. 471; Diamond v. Kansas City, 120 Mo. 185; Border v. Sedalia, 161 Mo. App. 633: (2) Respondent’s instruction number four is clearly erroneous, since it permits the…
1Opinion of the Court
OPINION.
I
BOND, J.
(After stating the facts as above.)--
The trial court did not err in refusing to declare, ■as a matter of law, that plaintiff was precluded from ■contributory .Negligence. any recovery by her contributory negligence. There was ample evidence .that ,. ... the sidewalk m question was permitted to exist in an unreasonably defective condition at the place of the accident, and this had continued for so long that the defendant was chargeable with notice thereof. But there was no evidence proving- that it was so imminently dangerous that no person of ordinary care and prudence would…
2Cases cited2 opinions
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- King v. Wabash RailroadSupreme Court of Missouri · 1908
3Cited by7 opinions
- Costello v. City of KansasMissouri Court of Appeals · 1921
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
- Stewart v. SheidleyMissouri Court of Appeals · 1929
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933
- State Ex Rel. City of Cameron v. TrimbleSupreme Court of Missouri · 1928
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