Alexander v. City of St. Joseph
Missouri Court of Appeals
Appeal'from Buchanan Circuit Court. — Hon. W. D. Bush, Judge. Plaintiff was guilty of contributory negligence in attempting to leave the sidewalk and pass into the street at a point other than the usual street crossing and while so doing, when in close proximity to the curb and gutter, in failing to observe where she was going, but continued walking while looking in another direction at a passing street car and team of horses.
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Appeal'from Buchanan Circuit Court. — Hon. W. D. Bush, Judge. Plaintiff was guilty of contributory negligence in attempting to leave the sidewalk and pass into the street at a point other than the usual street crossing and while so doing, when in close proximity to the curb and gutter, in failing to observe where she was going, but continued walking while looking in another direction at a passing street car and team of horses. Woodson v. Street Railway, 224 Mo. 685; Alline v. City of Lemars, 33 N. W. 160; McLanry y. City of McG-regor, 7 N. W. 91; Village of Kewanee v. Depew, 80 Ill. 119; To!…
1Opinion of the Court
TRIMBLE, J. —
Respondent, a lady fifty-six years of age while walking down the west side of Eleventh street in the city of St. Joseph about 1:30 p. m., was injured by a fall caused by stumbling over a stump of a tree in the sidewalk about a foot and a half or two feet inside the curb and extending three or four inches above the surface of the walk. The sidewalk *378was brick and extended from the property line to the curb making the walk twelve feet in width. _ This stump was five or six inches in diameter and had been there in the sidewalk for at least five months prior to the injury.
Penn street,…
2Cases cited5 opinions
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Roe v. City of KansasSupreme Court of Missouri · 1889
- O'Donnell v. City of HannibalMissouri Court of Appeals · 1910
- Hill v. City of St. JosephMissouri Court of Appeals · 1910
3Cited by4 opinions
- Sloan v. American PressSupreme Court of Missouri · 1931
- Maxwell v. Kansas City, Mo.Missouri Court of Appeals · 1932
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
- McGinnis v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1914