Baldwin v. City of Springfield
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The following three cases determine the main questions involved and fix the liability of defendant in this case. Bassett v. St. Joseph, 53 Mo. 290; Buesching v. Gaslight Co., 73 Mo. 219; Wigginv. St. Louis, 135 Mo. 558. (2) Pedestrians have the right to walk along and across streets at any point they may see fit.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The following three cases determine the main questions involved and fix the liability of defendant in this case. Bassett v. St. Joseph, 53 Mo. 290; Buesching v. Gaslight Co., 73 Mo. 219; Wigginv. St. Louis, 135 Mo. 558. (2) Pedestrians have the right to walk along and across streets at any point they may see fit. Henry v. Railroad, 113 Mo. 525. And it is the duty of the city to keep the whole of its sidewalks in repair. FranTte v. St Louis, 110 Mo. 516; Roe v. City of Kansas, 100 Mo. 190 (overruling Trita v. City, 84 Mo.…
1Opinion of the CourtBarclay, P. J.
— This action is for $3,000 as damages said to have been sustained by plaintiff in consequence of a fall into an excavation in the city of Springfield, Missouri. His claim is that the excavation was in a city street. The defendant denies that claim, and also asserts contributory negligence of the plaintiff in getting into the excavation. At the trial on the circuit, the plaintiff was forced to a nonsuit on account of a ruling (in the form of an instruction) that under the law and evidence he could not recover. To the giving of the instruction plaintiff excepted. After the usual motion and…
2Cases cited5 opinions
- Green v. ElliottIndiana Supreme Court · 1882
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- City of Hartford v. New York & New England RailroadSupreme Court of Connecticut · 1890
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Kennedy v. Le VanSupreme Court of Minnesota · 1877
3Cited by16 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Bowen v. LansingMichigan Supreme Court · 1901
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- Griffin v. City of ChillicotheSupreme Court of Missouri · 1925
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