Benton v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Roto. Hugo Muench, Judge. (1) Although at the time of an accident a sidewalk may he in a defective condition, yet, if the defect or dangerous condition arises from concurrent causes,. the city is not liable, unless it had notice of both of the causes in time to have remedied the defect.
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Appeal from St. Louis City Circuit Court. — Roto. Hugo Muench, Judge. (1) Although at the time of an accident a sidewalk may he in a defective condition, yet, if the defect or dangerous condition arises from concurrent causes,. the city is not liable, unless it had notice of both of the causes in time to have remedied the defect. For this reason the court erred in giving the first instruction in behalf of the plaintiffs, to the effect that if the city knew, or by the exercise of reasonable care might have known, that the sidewalk was unprotected and the sinkhole was filled with water on the…
1Opinion of the CourtLamm, J.
This is a second appeal. See Benton v. St. Louis, 217 Mo. 687, for the first, where a full statement may be found.
Recovery is sought on the theory that on a street of defendant there was a wooden sidewalk; that close thereto in the street and extending under the sidewalk was a large, deep excavation,' a sink-hole; that there was no rail on the sidewalk protecting travelers; that the sidewalk boards were loose and insecure, etc.; all of which facts were known to defendant or might have *102been known by due diligence, etc. That the excavation was filled with water even with the sidewalk; that in…
2Cases cited5 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Woods v. City of KansasMissouri Court of Appeals · 1894
3Cited by28 opinions
- La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
- Clark v. Atchison & Eastern Bridge Co.Supreme Court of Missouri · 1933
- Arnold v. May Department Stores Co.Supreme Court of Missouri · 1935
- Bender v. WeberSupreme Court of Missouri · 1913
- Hogan v. FlemingSupreme Court of Missouri · 1927
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