Yocum v. Town of Trenton
Missouri Court of Appeals
Appeal from Grundy Circuit Court, Hon. G. Do Burgess, Judge. The case is stated in the opinion. I. Before defendant can be held guilty of negligence on account of defects in the sidewalk (not arising from their original construction), either express notice of the existence of the defect must be brought home to it, or it must be so notorious as to be observable by all. Donlin n. City of Clinton, 13 Iowa 399 ; Mayor, etc., AT. T. «. Sheffield, 4 Wall. (IJ. S.) 189 ; Howe n.
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Appeal from Grundy Circuit Court, Hon. G. Do Burgess, Judge. The case is stated in the opinion. I. Before defendant can be held guilty of negligence on account of defects in the sidewalk (not arising from their original construction), either express notice of the existence of the defect must be brought home to it, or it must be so notorious as to be observable by all. Donlin n. City of Clinton, 13 Iowa 399 ; Mayor, etc., AT. T. «. Sheffield, 4 Wall. (IJ. S.) 189 ; Howe n. Plainfield, 41 N. I-I. 135; Bradwell r. Jamaica, 15 Yt. 438; Manchester v. Hartford^ 80 Conn. 118; Dewy n. Detroit, 15…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages against the defendant, a municipal corporation, for injuries sustained by the plaintiff on account of a defective sidewalk. The evidence, in so far as it is pertinent to the questions to be determined, showed that the plaintiff, a girl aged eleven years, was passing along one of defendant’s sidewalks, on a frequented street and pass-way, and at a point where there were two or more planks loose, she was met, or overtaken, by a gentleman, walking quite fast, who stepped on the end of one of the loose planks, in passing plaintiff, whereby it flew up, and…
2Cases cited11 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Noble v. BlountSupreme Court of Missouri · 1883
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Davis v. BrownSupreme Court of Missouri · 1878
- Hull v. City of KansasSupreme Court of Missouri · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- Waters v. Kansas CityMissouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.