Legal Opinion

Peters v. City of St. Joseph

Missouri Court of Appeals

Decided April 2, 1906PublishedCited by 3 opinions

Appeal from Buchanan Circuit Court. — Hon. Ghesley-A. Mosmam, Judge. (1) The demurrer offered by the defendant at the close of the case and after all the evidence was introducd, should have been sustained. This case clearly comes within the ruling of the Supreme Court in reference to the liability of municipalities in Missouri, in what is known as “snow and ice cases,” where the ground is generally covered with snow and ice.

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Appeal from Buchanan Circuit Court. — Hon. Ghesley-A. Mosmam, Judge. (1) The demurrer offered by the defendant at the close of the case and after all the evidence was introducd, should have been sustained. This case clearly comes within the ruling of the Supreme Court in reference to the liability of municipalities in Missouri, in what is known as “snow and ice cases,” where the ground is generally covered with snow and ice. Reedy v. Brewing Association, 161 Mo. 523. (2) If the snow and ice had accumulated on the sidewalk forming an irregular and slippery mass, and if the sidewalk had become…

1Opinion of the CourtEllison, J.

The plaintiff fell upon one of defendant’s sidewalks and was seriously injured. He brought this action for damages and recovered judgment in the trial court.

There was a heavy fall of snow in the city of St. Joseph on the 7th of February, 1905, and alight fall on the 8th and 9th, and at noon of the last date plaintiff fell while walking along at a place as much or more used by pedestrians than any other part of the city. The evidence does not show the cause in a sufficiently satisfactory way for as clear a. statement of the facts as we would like. As we gather from the record, pedestrians had…

2Cases cited2 opinions

  1. Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
  2. Reno v. City of St. JosephSupreme Court of Missouri · 1902

3Cited by3 opinions

  1. Quarles v. Kansas CityMissouri Court of Appeals · 1909
  2. Snowden v. City of St. JosephMissouri Court of Appeals · 1912
  3. Jackson v. Kansas CityMissouri Court of Appeals · 1914

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