Hull v. City of Kansas
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. I.' It cannot be contended that the city is bound to keep all its streets in such condition that horses harnessed to buggies becoming unmanageable from viciousness, fright, disease, or any kind of accident, against which, owners or drivers cannot guard, may move in safety over every street from side to side, and end to end.
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Appeal from, Jackson Circuit Court. I.' It cannot be contended that the city is bound to keep all its streets in such condition that horses harnessed to buggies becoming unmanageable from viciousness, fright, disease, or any kind of accident, against which, owners or drivers cannot guard, may move in safety over every street from side to side, and end to end. If instead of the hole there had been at the same spot, a gas lamp-post or a telegraph pole, damage would have ensued. Would the city then have been liable ? It is no answer to the argument to say, that the hole was a dangerous place or…
1Opinion of the CourtNapton, Judge
This action was to recover damages for an injury to a horse and buggy, alleged to have been occasioned by a hole in a street, negligently left uncovered by the city authorities.
The facts appeared to be, that the driver of the buggy when attempting to turn from one street into another, got one of the lines entangled under the horse’s tail, which caused the horse to commence backing, and as the driver'was about to jump out, the horse fell into this hole in the embankment on which the street was built.
The court, on the trial, declared the law to be “ that it was the duty of the defendant to keep…
2Cases cited2 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
3Cited by26 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- City of Joliet v. ShufeldtIllinois Supreme Court · 1893
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