Donoho v. Vulcan Iron Works
Supreme Court of Missouri
Appeal from "St. Louis Court of Appeals. Plaintiff was not entitled to recover because, at the time he received the injury, he was using the street only as a play ground. Stinson v. Gardiner, 42 Me. 248; Blodgett v Boston, 8 Allen 237; 2 Dillon Munic. Corp., (3 Ed.) §§ 1000,1001,1002. The obligation esting upon the city is filled if the streets are reasonably safe for travel — not for play or for any other purpose, but solely for travel.
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Appeal from "St. Louis Court of Appeals. Plaintiff was not entitled to recover because, at the time he received the injury, he was using the street only as a play ground. Stinson v. Gardiner, 42 Me. 248; Blodgett v Boston, 8 Allen 237; 2 Dillon Munic. Corp., (3 Ed.) §§ 1000,1001,1002. The obligation esting upon the city is filled if the streets are reasonably safe for travel — not for play or for any other purpose, but solely for travel. Blake v. St. Louis, 40 Mo. 569; Smith v. St. Joseph, 45 Mo. 449 ; Bowie v. Kansas City, 51 Mo. 454; Barrett v. St. Joseph, 53 Mo. 290; Brown v. Glasgow, 57…
1Opinion of the CourtHoush, J.
This is an action for damages for personal injury received by the plaintiff from the falling of a bank of earth upon him in Clay street, in the city of St. Louis. The bank of earth was created by excavation and removal of sand and dirt by the Yulcan Iron Works, during a period of several years, of which the city had notice.
The plaintiff’s testimony tended to show that Clay street was one of the principal streets in that quarter of the city in which it was located, that it was used for travel, and was necessary for the convenience of the public; that on the day before the plaintiff was…
2Cases cited1 opinion
- Donoho v. Vulcan Iron-WorksMissouri Court of Appeals · 1879
3Cited by12 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Carr v. St. Louis Auto Supply Co.Supreme Court of Missouri · 1922
- Warren v. Kansas CitySupreme Court of Missouri · 1953
- Dudley v. PrimaNevada Supreme Court · 1968
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
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