Brennan v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) The plaintiff should have been non-suited. Prom the testimony given by the only witness who saw the accident, it is clear that the condition of the street was not the cause of the injury. The plaintiff, an infant of three years of age, was thrown down by a companion, who ran, or fell, against her. Both children fell to the ground, the plaintiff being underneath, and receiving injury.
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Appeal from St. Louis Qourt of Appeals. (1) The plaintiff should have been non-suited. Prom the testimony given by the only witness who saw the accident, it is clear that the condition of the street was not the cause of the injury. The plaintiff, an infant of three years of age, was thrown down by a companion, who ran, or fell, against her. Both children fell to the ground, the plaintiff being underneath, and receiving injury. The condition of the street did not contribute to produce the injury. The injury would have been sustained, under the circumstances of this case, if a pavement…
1Opinion of the CourtBlack, J.
The plaintiff brought this suit, by her next friend, to recover damages for injuries caused by a defective sidewalk, on Second street, in South St. Louis. A change of venue was awarded, from the circuit court of the city, to that of the county, of St. Louis.
The evidence tends to show that the street and sidewalk had been graded, after the fashion of a dirt road, but neither had been paved. The street was traveled by the public, to a large extent, and had been for several years, was lighted with gas lamps, and was built up, on both sides, in the block where the accident happened. The water, in…
2Cases cited7 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Buckley v. KnappSupreme Court of Missouri · 1871
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Mouse v. Central Savings & Trust Co.Ohio Supreme Court · 1929
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
44 more not listed; retrieve them via the Exa API.