Legal Opinion

Vogelgesang v. City of St. Louis

Supreme Court of Missouri

Decided May 11, 1897PublishedCited by 17 opinions

Appeal from St. Louis City Circuit Court. — Hon. Leeot B. Valliant, Judge. (1) The circuit court erred in overruling defendant’s objection to the introduction of any evidence, and in refusing to give defendant’s instruction for a nonsuit at the close of plaintiff’s ease.

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Appeal from St. Louis City Circuit Court. — Hon. Leeot B. Valliant, Judge. (1) The circuit court erred in overruling defendant’s objection to the introduction of any evidence, and in refusing to give defendant’s instruction for a nonsuit at the close of plaintiff’s ease. It would certainly be a most unreasonable demand to require the corporate authorities of a city not only to provide safe and commodious streets for the ordinary purposes of travel, but to provide thoroughfares of such ample dimensions and such matchless grade, that accidents, even from runaway teams, would be absolute…

1Opinion of the CourtGantt, P. J.

This is an action for damages for personal injuries alleged to have been caused by the -dangerous and defective condition of a street in St. Louis, by which plaintiff was thrown from his wagon, and his leg broken.

The plaintiff was and is a farmer residing about ten miles west of St. Louis. On the twentieth day of November, 1893, he drove a team of well broken, gentle mules, hitched to a two-horse wagon, to the city for a load of cement, which he was to haul to Kirkwood. At a point on Chouteau avenue where it crosses the St. Louis & San Francisco Railway there is an iron bridge which passes…

2Cases cited11 opinions

  1. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  2. Bowie v. City of KansasSupreme Court of Missouri · 1873
  3. Brennan v. City of St. LouisSupreme Court of Missouri · 1887
  4. Welsh v. City of St. LouisSupreme Court of Missouri · 1880
  5. Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887

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3Cited by17 opinions

  1. Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
  2. Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
  3. Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
  4. Hunt v. City of St. LouisSupreme Court of Missouri · 1919
  5. Kossman v. City of St. LouisSupreme Court of Missouri · 1899

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