Strange v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The plaintiff, according to her own testimony, slipped and fell solely by reason of the slippery condition of the sidewalk. The defendant city is not liable for the mere slippery condition of its sidewalks, caused by ice, snow or mud. Mueller y. Milwaukee, 5 Mun. Corp. Cases 662; 86 N. W. 162. (2) The court erred in allowing plaintiff to introduce the alleged notice in evidence over defendant’s objections.
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Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The plaintiff, according to her own testimony, slipped and fell solely by reason of the slippery condition of the sidewalk. The defendant city is not liable for the mere slippery condition of its sidewalks, caused by ice, snow or mud. Mueller y. Milwaukee, 5 Mun. Corp. Cases 662; 86 N. W. 162. (2) The court erred in allowing plaintiff to introduce the alleged notice in evidence over defendant’s objections. It did not comply with the statute. R. S. 1899, sec. 5724; Stoors y. Denver, 11 Mun. Corp, Cases 560; 73 Pac. 1094;…
1Opinion of the CourtEllison, J.
The plaintiff fell on one of the defendant’s board sideAvalks and was injured. She brought *632this action and recovered judgment in the. trial court. It appears that the walk was laid on a street which had been graded by cutting down, which left elevations of earth near and just outside the walk. Rains and melting snow and ice washed dirt down upon the walk and it had been left to accumulate by the city.' In dry weather the earth was no more than a mere obstruction; but in wet weather, whether from rains or melting snow, it would •become mud, shoetop deep, and on account of the nature of the…
2Cases cited3 opinions
- Wright v. City of DoniphanSupreme Court of Missouri · 1902
- George v. City of St. JosephMissouri Court of Appeals · 1902
- Milledge v. Kansas CityMissouri Court of Appeals · 1903
3Cited by7 opinions
- Lyons v. City of St. JosephMissouri Court of Appeals · 1905
- Jacobs v. City of St. JosephMissouri Court of Appeals · 1908
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Brolin v. the City of IndependenceMissouri Court of Appeals · 1938
- Burnette v. City of St. JosephMissouri Court of Appeals · 1905
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