Ely v. City of St. Louis
Supreme Court of Missouri
Appeal from St Louis City Circuit Court. — Wow. I). D. Fisher, Judge. (1) The sidewalk is a part of a public street, and the city is bound to keep it in repair, and is liable for failure to do so, regardless of the condition of the roadway of the street.
Read the full summary
Appeal from St Louis City Circuit Court. — Wow. I). D. Fisher, Judge. (1) The sidewalk is a part of a public street, and the city is bound to keep it in repair, and is liable for failure to do so, regardless of the condition of the roadway of the street. “With respect to its sidewalk along its streets, it was defendant’s duty to keep them in a reasonably safe condition for persons who might travel thereon, either by day or night, and if the injury complained of was occasioned by reason of its failure to do so, then it should be held to respond in damages.” Goins v. Moberly, 127 Mo. 119;…
1Opinion of the CourtValliant, J.
The petition alleges that the plaintiff, on a dark night, while walking along a portion of a public street which had for ten years been used by pedestrians as a sidewalk, fell into a hole that had been caused by the rains, and received severe injuries; that the hole was about two feet wide and three feet deep and its existence was known or would have been known to the defendant city if it had used ordinary care; that the nearest street light to the place of accident was about two hundred feet distant; that weeds and grass grew so rank along the way that the plaintiff could hot see the hole…
2Cases cited5 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Keating v. City of KansasSupreme Court of Missouri · 1884
- Kossman v. City of St. LouisSupreme Court of Missouri · 1899
- Moore v. City of Cape GirardeauSupreme Court of Missouri · 1890
- Hunter v. WestonSupreme Court of Missouri · 1892
3Cited by37 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Oberkramer v. City of EllisvilleMissouri Court of Appeals · 1983
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
32 more not listed; retrieve them via the Exa API.