Curran v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. • A city owns and controls its streets as a trustee for the public.
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Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. • A city owns and controls its streets as a trustee for the public. It is charged by the law that the primary and bounden duty of keeping them free from nuisances, defects and obstructions caused by itself or third parties if it (in the latter instance) had actual or constructive notice thereof in time to abate the nuisance, remove the obstruction and improve the defect, and that duty it cannot shirk or shift over to or halve with others. Benton v. St. Louis, 217 Mo. 687. The court did not commit error in sustaining defendant’s…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for injuries sustained by plaintiff by falling on what she claims was a sidewalk on the south side of Harvard street in St. Joseph. There was a verdict in her favor, which was set aside and a new trial granted on defendant’s motion. Plaintiff thereupon appealed and asks that the verdict be reinstated and that judgment be ordered thereon.
*620Harvard street had been platted and dedicated to the public and though defendant disputes it, we think it had been accepted by the city. It was a short street, not in the business district, about seven hundred and…
2Cases cited7 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
- Drimmel v. Kansas CityMissouri Court of Appeals · 1914
- Lawson v. Village of HazelwoodMissouri Court of Appeals · 1962
- Twedell v. City of St. JosephMissouri Court of Appeals · 1912
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933
10 more not listed; retrieve them via the Exa API.