Culverson v. City of Maryville
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The only duty the law imposes upon the defendant city is, to provide and keep, for the use of the traveling public, streets and sidewalks that are reasonably safe for persons to pass over, while using ordinary care, caution, and prudence, having regard to the amount of travel and attending circumstances.
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The only duty the law imposes upon the defendant city is, to provide and keep, for the use of the traveling public, streets and sidewalks that are reasonably safe for persons to pass over, while using ordinary care, caution, and prudence, having regard to the amount of travel and attending circumstances. Loeiver v. Sedalia, 77 Mo. 431; Bassett v. St. Joseph, 53 Mo. 290; Sindlinger v. Kansas City, 126 Mp. 315; Salmon v. Trenton, 21 Mo. App. 182, and instruction number 1, p. 183; Smith v. Brunsioich, 61 Mo. App. loe.…
1Opinion of the CourtEllison, J.
Plaintiff recovered a judgment against defendant as damages for injuries received by her while walking along one of defendant’s streets after night. Defendant’s appeal is based on alleged errors in instructions. We may say now that the principles of law contended for by defendant need not be controverted, may be. conceded, and yet the judgment be affirmed.
The plaintiff was injured by stepping off the end of a sidewalk at a point where there was a fall, or “dfc>p-off” in the walk, the connection between the upper and lower portion being made by steps. The evidence establishes plaintiff’s…
2Cases cited3 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Flynn v. City of NeoshoSupreme Court of Missouri · 1893
- Taylor v. City of SpringfieldMissouri Court of Appeals · 1895
3Cited by3 opinions
- Perrette v. Kansas CitySupreme Court of Missouri · 1901
- Shreve v. City of Fort WayneIndiana Supreme Court · 1911
- Edger v. KupperMissouri Court of Appeals · 1905