Market v. City of St. Louis
Supreme Court of Missouri
Appeal from, Si. Louis Circuit Court. E. P. McCarty, for Respondent, cited in argument: Mayer vs. Sheffield, 4'W’al., 195; Dillon on Municipal Corporations, § 790, p. 759-60-61; Cole vs. Tillage of Medina, 27 Barb.,218; Peck vs. Same, 32 Barb., 134; Hart vs. City of -Brooklyn, 36 Barb., 229 ; Yan Dyke vs. Cincinnati, 1 Dis. 737-8 ; McGinity vs. City of New York, 5 Duer., 674.
1Opinion of the CourtNapton, Judge
Tins action was brought to recover the value of a mule alleged to have been injured in driving over Second street, by reason of a ditch on the south side of Cass Avenue, alleged to have been left in an unsafe condition by the negligence of defendant.
There was no question that the ditch was washed out and unfit for crossing, and that plaintiff’s wagon in crossing the ditch or gutter, suddenly sank into it so that the pole of the wagon was thrown upon one of the four mules in the team and broke his leg.
There was no question that this gutter had been out of repair for a month or iso, before this…
2Cases cited1 opinion
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
3Cited by3 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Balls v. WoodwardU.S. Circuit Court for the District of Oregon · 1892