Legal Opinion

Perrigo v. City of St. Louis

Supreme Court of Missouri

Decided December 22, 1904PublishedCited by 30 opinions

Appeal from St. Louis City Circuit Court. — Now. Selden P. Spencer, Judge. (1) A merely slight difference in levels along a sidewalk does not constitute an obstruction within the meaning of the law. Burns v. Bradford, 137 Pa. St. 361; Hamilton v. Buffalo, 10 Man. Corp. Cases (N. Y.) 786; s. c., 65 N. E. 944; Haggerty v. Lewiston, 8 Mun.

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Appeal from St. Louis City Circuit Court. — Now. Selden P. Spencer, Judge. (1) A merely slight difference in levels along a sidewalk does not constitute an obstruction within the meaning of the law. Burns v. Bradford, 137 Pa. St. 361; Hamilton v. Buffalo, 10 Man. Corp. Cases (N. Y.) 786; s. c., 65 N. E. 944; Haggerty v. Lewiston, 8 Mun. Corp. Cases (Maine) 903; s. c., 50 Atl. 55; Dubois v. Kingston, 102 N. Y. 219. (2) The city is not an insurer of the safety of travelers on the streets. It is not liable unless the street was in a condition unsafe to be used by persons exercising ordinary care…

1Opinion of the CourtBrace, P. J.

This is an appeal from a judgment of the St. Louis City Circuit' Court in favor of the plaintiff against the defendants for the sum of $3,000.

The petition, omitting caption, is as follows:

“Plaintiff states that the defendant, the city of St. Louis, is and at the times hereinafter stated, was a municipal corporation in the State of Missouri, and' that defendant, Julia Blanke, is and at the times hereinafter mentioned was the owner and proprietor of a house and lot fronting and abutting the south side of Manchester avenue, in said city, between Leffingwell avenue and Ewing avenue, said house…

2Cases cited16 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Wiggin v. St. LouisSupreme Court of Missouri · 1896
  3. Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
  4. Baustian v. YoungSupreme Court of Missouri · 1899
  5. Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896

11 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Chase v. FitzgeraldSupreme Court of Connecticut · 1946
  2. Kleinlein v. FoskinSupreme Court of Missouri · 1929
  3. State Ex Rel. Shell Petroleum Corp. v. HostetterSupreme Court of Missouri · 1941
  4. German v. CommissionerUnited States Tax Court · 1943
  5. Evans v. Farmers Elevator Co.Supreme Court of Missouri · 1941

25 more not listed; retrieve them via the Exa API.

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