Legal Opinion

Reno v. City of St. Joseph

Supreme Court of Missouri

Decided October 27, 1902PublishedCited by 37 opinions

Appeal from Buchanan Circuit Court. — Hon. ~W. K. James, ■ Judge. (1) The trial court erred in refusing to give to the jury the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the plaintiff’s testimony. There was no evidence that the ridge of ice on the sidewalk caused plaintiff to fall. The plaintiff herself-testified that she fell because she slipped on the slick ice. Mueller v. Milwaukee, o Munic.

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Appeal from Buchanan Circuit Court. — Hon. ~W. K. James, ■ Judge. (1) The trial court erred in refusing to give to the jury the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the plaintiff’s testimony. There was no evidence that the ridge of ice on the sidewalk caused plaintiff to fall. The plaintiff herself-testified that she fell because she slipped on the slick ice. Mueller v. Milwaukee, o Munic. Corp. Cases, 662; also reported in 86 N. W. 162; Reedy v. St. Louis Brewing Association, 161 Mo. 523; Baustian v. Young, 152 Mo. 317. (2) The court…

1Opinion of the CourtBurgess, J.

— This is an action for damages alleged to have been sustained by plaintiff on the thirtieth day of January, 1898, by slipping and falling on the sidewalk on Eighteenth street in defendant city.

At the time of the accident the snow and ice had accumulated on the sidewalk and the people in walking over it had tramped the snow, down in the middle of the walk so that a ridge was formed from three to six inches high, and from one foot to eighteen inches wide, and sloping from the center toward the edges or sides of the ridge, and the thawing and freezing made the ridge of snow and ice slippery,…

2Cases cited12 opinions

  1. City of Chicago v. McGivenIllinois Supreme Court · 1875
  2. Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
  3. Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
  4. Huston v. City of Council BluffsSupreme Court of Iowa · 1897
  5. Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867

7 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
  2. Findley v. City of Kansas CitySupreme Court of Missouri · 1990
  3. Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
  4. Walsh v. City of St. LouisSupreme Court of Missouri · 1940
  5. Schumer Ex Rel. Schumer v. City of PerryvilleSupreme Court of Missouri · 1984

32 more not listed; retrieve them via the Exa API.

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