McKissick v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James B. Withrow, Judge. (1) There was ample evidence upon wbicb to predicate constructive notice to the city of the pitfall in the sidewalk in question.
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Appeal from St. Louis City Circuit Court. — Hon. James B. Withrow, Judge. (1) There was ample evidence upon wbicb to predicate constructive notice to the city of the pitfall in the sidewalk in question. Bonine v. Richmond, 75 Mo. 438; Maus v. Springfield, 101 Mo. 616; Charter of St. Louis, art. 4, sec. 35; Davenport v. Hannibal, 108 Mo. 472; Frank v. St. Louis, 110 Mo. 517; Carrington v. St. Louis, 89 Mo. 208; Welch v. St. Louis, 73 Mo. 73; Russell v. Columbia, 74 Mo. 485. (2) If there was not sufficient of such evidence to so do, it was error to reject the evidence tending in proof thereof.…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff, a minor, by his curator, against the city of St. Louis, for ten thousand dollars damages alleged to have been sustained by him by falling into the basement of a fire engine house in said city.
The petition alleged that on the 23d day of October, 1895, the plaintiff was lawfully on the north sidewalk of Walnut 'Street, an open public street within the city of St. Louis, when he fell into a hole, or opening, in front of an engine station, in the sidewalk of said street, maintained by theD defendant in a negligent, reckless and unsafe condition, and broke his leg…
2Cases cited3 opinions
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Young v. City of Webb CitySupreme Court of Missouri · 1899
- Bonine v. City of RichmondSupreme Court of Missouri · 1882
3Cited by4 opinions
- Peterson v. Kansas CitySupreme Court of Missouri · 1930
- Draper v. City of BurleyIdaho Supreme Court · 1933
- Todd v. City of HaileyIdaho Supreme Court · 1927
- Willis v. City of St. JosephMissouri Court of Appeals · 1914