Carvin v. City of St. Louis
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — IIon. John M. Wood, Judge. This defendant is in the same legal attitude with the city in reference to its non-liability for hidden or latent defects. This was not a contrivance in itself dangerous, and no attempt was made by respondent to prove it so. On the contrary, it is shown affirmatively that its construction is such that danger therefrom is most improbable.
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Appeal from, St. Louis City Circuit Court. — IIon. John M. Wood, Judge. This defendant is in the same legal attitude with the city in reference to its non-liability for hidden or latent defects. This was not a contrivance in itself dangerous, and no attempt was made by respondent to prove it so. On the contrary, it is shown affirmatively that its construction is such that danger therefrom is most improbable. Hnder these circumstances the rules laid down by this court in Benjamin v. Street Ry., 133 Mo. 274, can not apply here, although even in that case, it is conceded that some notice to…
1Opinion of the CourtBurgess, J.
This is an action for damages in the amount of fifteen thousand dollars for personal injuries alleged to have been sustained by plaintiff on August 12, 1894, by falling into a water meter box on the south side of Washington avenue, city of St. Louis, about twenty feet east of the east line of Twenty-Second street, in front of the premises of the Claes & Lehnbeuter Manufacturing Company.
The petition alleges that at the time of the accident, and for some time previous thereto, the cover of the meter was without fastenings, was loose and liable to become displaced and removed, and the opening to…
2Cases cited3 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Cooper v. City of MilwaukeeWisconsin Supreme Court · 1897
3Cited by30 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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