Waldmann v. Skrainka Construction Co.
Supreme Court of Missouri
Appeal'from St. Louis City Circuit Court. — Ron. Frank . ■ Landwehr, Judge. (1) Any person, and particularly a contractor who creates an excavation in a public highway, is hound at common law to keep suck place so guarded and in suck a condition tkat pedestrians using tke highway will not be injured. Williamson v. Mullins, 180 S. W. 395; McDonald v. Transit Co., 108 Mo.
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Appeal'from St. Louis City Circuit Court. — Ron. Frank . ■ Landwehr, Judge. (1) Any person, and particularly a contractor who creates an excavation in a public highway, is hound at common law to keep suck place so guarded and in suck a condition tkat pedestrians using tke highway will not be injured. Williamson v. Mullins, 180 S. W. 395; McDonald v. Transit Co., 108 Mo. App. 374; Wiggins v. St. Louis, 135 Mo. 566. It makes no difference whether tke pedestrian falls into tke excavation or is injured in stepping out of it. Louisville v. Nicholls, 165 S. W. 660; Bowman v. Ogden City, 33 Utah,…
1Opinion of the Court
Appeal from the Circuit Court of the City of St. Louis.
Suit for personal injuries. The substantial facts are: The defendant contracted with the City of St. Louis to pave, and for that purpose, to take out the necessary subgrade of an alley between Wells and Ridge Avenues in said city, and which intersected or opened into Hamilton Avenue on the west side of and terminated at said Hamilton Avenue. Hamilton Avenue ran north and south, and said alley east and west, thus entering Hamilton Avenue at right angles. Prior to the commencement of the work by defendant, the granitoid sidewalk on the west…
2Cases cited15 opinions
- District of Columbia v. MoultonSupreme Court of the United States · 1901
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
- Graves v. JohnsonMississippi Supreme Court · 1937
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Edmondson v. Hotels Statler Co.Supreme Court of Missouri · 1924
- Bean v. City of MoberlySupreme Court of Missouri · 1943
20 more not listed; retrieve them via the Exa API.