Legal Opinion

Norton v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 39 opinions

Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) Revised Statutes, section 3538, made it incumbent on the plaintiff below to file an amended petition, after the demurrer of the co-defendant was sustained.

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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) Revised Statutes, section 3538, made it incumbent on the plaintiff below to file an amended petition, after the demurrer of the co-defendant was sustained. And no amendment having been made, it was the duty of the circuit court, when the case was called for trial, to proceed as if there was no petition in the case ; and the objections made at that time by both of the defendants to the trial of the cause and to hearing any testimony, should have been sustained. (2) The city of St. Louis is not liable under the…

1Opinion of the CourtBrace, J.

The plaintiff brought this action against the citjr of St. Louis and The Connecticut Mutual Life Insurance Company, to recover damages for injuries received by her from a fall on a sidewalk in front of a vacant lot on Locust street, in said city, owned by said insurance company, on which she alleges, in her amended petition, the snow and ice had been suffered to accumulate and remain for a long time in irregular and slippery masses causing the same to be unsafe and dangerous to passers thereon.

*539By an ordinance of the city, all persons are required to keep the paved sidewalks in front of their…

2Cases cited5 opinions

  1. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  2. Jansen v. City of AtchisonSupreme Court of Kansas · 1876
  3. Flynn v. Canton Co.Court of Appeals of Maryland · 1874
  4. Welsh v. City of St. LouisSupreme Court of Missouri · 1880
  5. Kiley v. City of KansasSupreme Court of Missouri · 1885

3Cited by39 opinions

  1. Baustian v. YoungSupreme Court of Missouri · 1899
  2. Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
  3. Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
  4. Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
  5. Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900

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