Eubank v. City of Edina
Supreme Court of Missouri
. Appeal from Knox Circuit Court. — IIon. Ben. B. Turner, Judge. • (1) The petition does not state facts sufficient to constitute a cause of action. No facts were proved to-show that defendant was a city. Robinson n. Jones, 71 Mo. 582. (2) There was no evidence that the sidewalk was built by the city or received by it'or that-'the city was under any legal obligation to keep it in repair.
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. Appeal from Knox Circuit Court. — IIon. Ben. B. Turner, Judge. • (1) The petition does not state facts sufficient to constitute a cause of action. No facts were proved to-show that defendant was a city. Robinson n. Jones, 71 Mo. 582. (2) There was no evidence that the sidewalk was built by the city or received by it'or that-'the city was under any legal obligation to keep it in repair. Craig v. Sedalia, 63 Mo. 417; City, etc., n.-Miller, 66 Mo. 467. (3) Public streets of a city can only be located, laid out and named by ordinance and plat. . Carrol v. St. Louis, 4 Mo. App. 191; Parkinson v.…
1Opinion of the CourtBlack, J.
This is an action for personal damages, occasioned, it is alleged, by a defective sidewalk. The walk was three or four feet wide, and made of boards *654from six to eight inches in width laid lengthwise with the street. At the place where the plaintiff was injured the outer plank had been removed, leaving a hole from ten to twenty inches beneath. The plaintiff, while walking on the boards at night when it was quite dark, stepped into the hole, his foot caught under the exposed stringer, and in the fall his leg was broken.
1. The amended petition states that the defendant is a corporation, created…
2Cases cited3 opinions
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Gavisk v. Pacific RailroadSupreme Court of Missouri · 1872
- Witthouse v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
3Cited by16 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Higgins v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
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