Maus v. City of Springfield
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. This is an action for personal injuries sustained by plaintiff by reason of the alleged negligence of defendant, the city of Springfield, in permitting one of its street crossings to remain in a dangerous and unsafe condition, after due notice thereof. The pleadings need not be specially noted.
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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. This is an action for personal injuries sustained by plaintiff by reason of the alleged negligence of defendant, the city of Springfield, in permitting one of its street crossings to remain in a dangerous and unsafe condition, after due notice thereof. The pleadings need not be specially noted. They raise the issues of negligence on the part of defendant, with regard to the condition of the street-crossing, and of the contributory negligence of plaintiff. At the trial plaintiff was obliged to take a nonsuit' with leave in…
1Opinion of the CourtBarclay, J.
In 'the argument it is conceded that the defendant being charged by its charter with the duty 'to keep its highways in repair, and having ample means provided by the taxing power to discharge it, *617would be liable for neglect to perform that duty, on a proper showing. But defendant claims (and the trial court held) that no such showing .has been made.
To establish the character of the locality, where the injury occurred, as part of a public street, nothing more was essential than to show that it was in actual possession of the city and open to, and used by, the public as a thoroughfare at the…
2Cases cited5 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
- Regenstein & Co. v. Tyler & Co.Supreme Court of Georgia · 1890
- Tice v. Bay CityMichigan Supreme Court · 1889
- Market v. City of St. LouisSupreme Court of Missouri · 1874
3Cited by43 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
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