Hays v. City of Columbia
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. John M. Williams, Judge. The construction of -wooden gutter crossings, held in place by their own weight, was not negligent, because the liability of such crossings to become misplaced, if a defect at all, is one inherent in that sort of crossings, and for such errors of judgment on the part of the governing board in adopting and using them the city is not hable. Urquart v. City, 91 N. Y. 67; Augusta v. Littlefield, 115 Ga. 124.
1Opinion of the CourtJohnson, J.
This is a suit for damages for personal injuries plaintiff alleges she sustained in consequence of the negligence of defendant, a municipal corporation, in the construction and maintenance of a way provided for pedestrians on one of the public streets of the city. Plaintiff recovered a judgment for $2500 in the circuit court and defendant appealed.
The injury occurred November 6, 1907, at the corner of Ninth and Broadway streets in Columbia. *433For some years both streets had been macadamized and on account of the elevation of the sidewalks above the gutters, had been provided with gutter…
2Cases cited1 opinion
- Gallagher v. City of TiptonMissouri Court of Appeals · 1908
3Cited by11 opinions
- Savage v. TOWN OF LANDER, WYO.Wyoming Supreme Court · 1957
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
- Henson v. Kansas CitySupreme Court of Missouri · 1919
- Quest v. Town of UptonWyoming Supreme Court · 1927
- Berry v. City of SedaliaCourt of Appeals of Kansas · 1919
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