Legal Opinion

Cowgill v. City of St. Joseph

Missouri Court of Appeals

Decided May 4, 1914PublishedCited by 2 opinions

Appeal from Buchanan Circuit Court. — Eon. Chas. H. Mayer, Judge. (1) Instruction No. 1, in its broadest language, told the jury that the city was negligent if the street in question was ‘ ‘ dangerous and unsafe. ’ ’ The city is only required to keep its streets reasonably safe. Wallis v. Westport, 82 Mo. App. 526; Robertson v. Railroad, 152 Mo. 389; Baustian v. Young, 152 Mo. 317; Carvin v. St. Louis, 151 Mo. 334; Nixon v. Railroad, 141 Mo. 438; Smith v. Brunswick, 61 Mo.

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Appeal from Buchanan Circuit Court. — Eon. Chas. H. Mayer, Judge. (1) Instruction No. 1, in its broadest language, told the jury that the city was negligent if the street in question was ‘ ‘ dangerous and unsafe. ’ ’ The city is only required to keep its streets reasonably safe. Wallis v. Westport, 82 Mo. App. 526; Robertson v. Railroad, 152 Mo. 389; Baustian v. Young, 152 Mo. 317; Carvin v. St. Louis, 151 Mo. 334; Nixon v. Railroad, 141 Mo. 438; Smith v. Brunswick, 61 Mo. App. 578; St. Louis v. Kansas City, 110 Mo. App. 655. (2) The wife cannot recover for loss of time, medicine, medical…

1Opinion of the CourtTrimble, J.

Plaintiff, with two lady companions, was walking along the north side of Edmond street in St. Joseph. The three were walking abreast, plaintiff on the outside, about 6:50 o ’clock in the morning of January 11, 1913. When they reached the centre of the north and south alley between Fourth and Fifth streets, which alley intersected Edmond street at right angles, plaintiff received a fall fracturing both bones of the right leg a short distance above the ankle, dislocating the ankle, tearing ligaments and cartilage loose and producing what the doctors call a Pott’s fracture, which involves an…

2Cases cited2 opinions

  1. Twedell v. City of St. JosephMissouri Court of Appeals · 1912
  2. Hall v. City of St. JosephMissouri Court of Appeals · 1912

3Cited by2 opinions

  1. Stewart v. George B. Peck Co.Missouri Court of Appeals · 1939
  2. Zachary v. Kroger, Inc.Missouri Court of Appeals · 1960

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