Holding v. City of St. Joseph
Missouri Court of Appeals
Appeal from Bucbanan Circuit Court. — Hon. A. M. Woodson, ’ Judge. (1) Tbe street was in a reasonably safe condition. Tbe plaintiff’s wife was not in tbe exercise of reasonable care. Tbe demurrer to tbe evidence should bave been given. Heckler v. Oity of St. Louis, 13 Mo. App. 277; Calboun v. Oity of Milan, 64 Mo. App. 398; Hunter v. "Weston, 111 Mo. 184. (2) The city bad done nothing toward inviting tbe plaintiff’s wife to pursue tbe course of travel she did pursue.
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Appeal from Bucbanan Circuit Court. — Hon. A. M. Woodson, ’ Judge. (1) Tbe street was in a reasonably safe condition. Tbe plaintiff’s wife was not in tbe exercise of reasonable care. Tbe demurrer to tbe evidence should bave been given. Heckler v. Oity of St. Louis, 13 Mo. App. 277; Calboun v. Oity of Milan, 64 Mo. App. 398; Hunter v. "Weston, 111 Mo. 184. (2) The city bad done nothing toward inviting tbe plaintiff’s wife to pursue tbe course of travel she did pursue. Heckler v. St. Louis, supra. (3) She was not in tbe exercise of such care as was commensurate with her surroundings as…
1Opinion of the CourtBroaddus, J.
The plaintiff sues as the husband of Eliza J. Holding, for injuries alleged to have been received by her by reason of the defective condition of a street of the defendant. There was a verdict and judgment against the defendant, from which it appealed.
The injury is alleged to have been received on Eighth street in the city of St. Joseph, Missouri, about twenty feet south of its intersection with Pacific street. Pacific street runs east and west and Eighth street north and,south. On November 9, 1899, the plaintiff’s wife, who was on her way from her own home to the home of a Mrs. Littlejohn,…
2Cases cited5 opinions
- Kossman v. City of St. LouisSupreme Court of Missouri · 1899
- Wheeler v. St. Joseph Stock Yards & Terminal Co.Missouri Court of Appeals · 1896
- Staples v. Town of CantonSupreme Court of Missouri · 1879
- Taubman v. City of LexingtonMissouri Court of Appeals · 1887
- Halpin v. City of KansasSupreme Court of Missouri · 1882
3Cited by10 opinions
- Townsend v. City of JoplinMissouri Court of Appeals · 1909
- Brolin v. the City of IndependenceMissouri Court of Appeals · 1938
- Lattimore v. Union Electric Light & Power Co.Missouri Court of Appeals · 1907
- Hall v. City of St. JosephMissouri Court of Appeals · 1912
- Browning v. City of AuroraMissouri Court of Appeals · 1915
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