City of St. James v. Stacy
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota; Charles A. Willard, Judge. Action by Lute A. Stacy against the City of St. James. Judgment for plaintiff, and defendant brings error. •Plaintiff below, while walking along on one of the public sidewalks in tins city of St. James, encountered an iron grating extending transversely across substantially all of the sidewalk.
Read the full summary
In Error to the Circuit Court of the United States for the District of Minnesota; Charles A. Willard, Judge. Action by Lute A. Stacy against the City of St. James. Judgment for plaintiff, and defendant brings error. •Plaintiff below, while walking along on one of the public sidewalks in tins city of St. James, encountered an iron grating extending transversely across substantially all of the sidewalk. This grating covering a hatchway consisted of two parts or sections, each being hinged to opposite sides of tho opening, and when shut their edges came together near the middle of the opening so…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above).
[1] The city owes to the traveling public the duty of exercising reasonable care to keep its sidewalks in a reasonably safe condition. In order, however, to render it liable for injuries for failure to perform its duties in this regard, it must appear that the city knew, or had reasonble cause to know, of the defective condition of the grating a sufficient length of time before the accident occurred to enable it to put it in a state of repair. The learned trial court submitted this, issue to the jury very clearly — certainly in such a way that the city can…
2Cases cited1 opinion
- Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
3Cited by2 opinions
- Great Atlantic & Pacific Tea Co. v. ChapmanCourt of Appeals for the Sixth Circuit · 1934
- National Life Ins. Co. of the United States v. McKennaCourt of Appeals for the Eighth Circuit · 1915