Wheat v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — How. Jno. W. McElhinney, Judge. (1) The city is not an insurer of the safety of travellers on the streets. It is not liable unless the street was in a condition unsafe to be used by persons exercising ordinary care in traveling thereon.
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Appeal from St. Louis County Circuit Court. — How. Jno. W. McElhinney, Judge. (1) The city is not an insurer of the safety of travellers on the streets. It is not liable unless the street was in a condition unsafe to be used by persons exercising ordinary care in traveling thereon. Buckley v. Kansas City, 156 Mo. 16; Carvin v. St. Louis, 151 Mo. 334; Baustian v. Young, 115 Mo. 317. (2) The city has the lawful right to build in the street the sewer manhole, such as was shown in the evidence, in the manner so shown, and had the right to build the same at the height it was built prior to the…
1Opinion of the CourtMarshall, J.
— This is an action for ten thousand dollars damages for personal injuries sustained by the plaintiff, on November 19, 1898, by his milk wagon running over and being upset by a manhole to a public sewer in Yernon avenue in the city of St. Louis, nearly opposite 4635 Yernon avenue. The plaintiff recovered a judgment for $1,000, and the defendant appealed.
The negligence charged in the petition is that the city constructed and maintained a manhole to a sewer in the street, which projected three feet above the level *576of the street, and which was about six feet in circumference, and had earth piled…
2Cases cited19 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Moore v. City of RichmondSupreme Court of Virginia · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
34 more not listed; retrieve them via the Exa API.