Menar v. Sanders

Opinion of the Court by

Judge Settle

Affirming.

Clarence W. Sanders, deceased, received injuries by being thrown from a wagon in driving on one of the streets of Oakdale, a city of the fifth class, which injuries resulted in his death. Thereafter his widow, the appellee, Elvira T. Sanders, as executrix of his will, brought an action in the Jefferson circuit court to recover of the city of Oakdale damages for his death, alleged in the petition to have been caused by its negligence-in maintaining the street in question in such a defective condition as to render it unsafe and dangerous for use by…