Streeter v. City of Breckenridge
Missouri Court of Appeals
Appeal from Caldwell Circuit. Court, Hon. James M. Davis, Judge. Statement of case by tlie court. This was an action for the recovery of damages on account of injuries to the plaintiff alleged to have been caused by the negligent failure of defendant to keep the sidewalk on one of its streets in a reasonably safe condition. The street in question was and had been for many years in constant and general use. Upon the street near the place of the accident was the post office.
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Appeal from Caldwell Circuit. Court, Hon. James M. Davis, Judge. Statement of case by tlie court. This was an action for the recovery of damages on account of injuries to the plaintiff alleged to have been caused by the negligent failure of defendant to keep the sidewalk on one of its streets in a reasonably safe condition. The street in question was and had been for many years in constant and general use. Upon the street near the place of the accident was the post office. The sidewalk had been constructed many years prior to the accident. There was no evidence that the city had ordered the…
1Opinion of the CourtHale, J.
The court instructed the jury that it was the duty of the defendant to have kept the sidewalk in a reasonably safe condition. The defendant’s counsel urge that such was not the duty of the defendant unless she had, in the manner prescribed by her charter, ordered the construction of the sidewalk, and unless, further, there was not in a reasonably safe condition, outside of the sidewalk, sufficient of the street for public use and convenience. The point, then, is made that for the two reasons named the court erred in declaring, as a *250matter of law, that it was the duty of the defendant to have…
2Cases cited9 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Saulsbury v. . Village of IthacaNew York Court of Appeals · 1883
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
- Gartside v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1882
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- In re Estate of FlintCalifornia Supreme Court · 1893
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Walker v. City of KansasSupreme Court of Missouri · 1889
5 more not listed; retrieve them via the Exa API.