Squiers v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. John W. Henry, Judge. (1) It has been repeatedly held that a sidewalk may he defective and yet the city not he liable for an accident caused thereby. The time when notice ought to be taken does not begin when the sidewalk became defective merely, but when it became not reasonably safe for travel on account of the defect, which caused the injury.
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Appeal from Jackson Circuit Court. — How. John W. Henry, Judge. (1) It has been repeatedly held that a sidewalk may he defective and yet the city not he liable for an accident caused thereby. The time when notice ought to be taken does not begin when the sidewalk became defective merely, but when it became not reasonably safe for travel on account of the defect, which caused the injury. Bonine v. City of Richmond, 75 Mo. 437; Badgely v. St. Louis, 149 Mo. 133; Robertson v. Railroad, 152 Mo. 392. (2) People used the walk, and didn’t notice this loose board. That the defect was not so obvious…
1Opinion of the CourtBroaddus, J.
The plaintiff seeks to recover from the defendant city damages sustained by her by reason of the defective and dangerous condition of a certain sidewalk. The evidence showed that on the 13th day of March, 1901, while plaintiff, in company with her son, was passing over a sidewalk on the east side of West Prospect place in said city, at about fifty feet south of Twenty-eighth street, her son stepped upon one end of a board, which caused the other end to tilt up, thereby tripping plaintiff and causing her to fall, and by reason of which she was injured. She recovered judgment for the sum of…
2Cases cited4 opinions
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- Perrette v. Kansas CitySupreme Court of Missouri · 1901
- Fischer v. Edward Heitzeberg Packing & Provision Co.Missouri Court of Appeals · 1898
3Cited by4 opinions
- Roy v. Kansas CityMissouri Court of Appeals · 1920
- State Ex Rel. City of Jefferson v. Shain.Supreme Court of Missouri · 1939
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1908
- Quinlan v. Kansas CityMissouri Court of Appeals · 1904