O'Donnell v. City of Hannibal
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Son. Alex. S. Waller, Judge. (1) Every defect or imperfection in the streets or sidewalks of a city is not actionable, nor is the city a warrantor of the safety of its streets or sidewalks, or an insurer against accidents thereon.
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Appeal from Randolph Circuit Court. — Son. Alex. S. Waller, Judge. (1) Every defect or imperfection in the streets or sidewalks of a city is not actionable, nor is the city a warrantor of the safety of its streets or sidewalks, or an insurer against accidents thereon. Craig v. Sedalia, 63 Mo. 417; Brown v. Glasgow, 57 Mo. 156; Russell v. Columbia, 74 Mo. 480. (2) A defect to put the city on notice must be open, obvious and palpable; proof of hidden or latent defects, which would not attract or arrest ordinary attention, is not sufficient. Dillon’s Mun. Corps., sec. 1026. A traveler on a…
1Opinion of the CourtJohnson, J.
Plaintiff, a woman sixty-five years of age, sued the city of Hannibal, a municipal corporation, to recover damages for personal injuries alleged to have been caused by the negligence of defendant in maintaining a public sidewalk in a defective condition for travel. A trial of the' issues resulted in a verdict and judgment for plaintiff in the sum of two thousand dollars. Defendant appealed and contends in argument, first, that the jury should have been directed by the court to return a verdict for defendant; second, that error was committed in the rulings on the instructions and, third, that…
2Cases cited4 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Baker v. City of IndependenceMissouri Court of Appeals · 1904
3Cited by7 opinions
- Sloan v. American PressSupreme Court of Missouri · 1931
- Maxwell v. Kansas City, Mo.Missouri Court of Appeals · 1932
- Burton v. Kansas CityMissouri Court of Appeals · 1914
- McGinnis v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1914
- Alexander v. City of St. JosephMissouri Court of Appeals · 1913
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