Burdoin v. Town of Trenton
Supreme Court of Missouri
Appeal from Gnmdy Circuit Court. — Hon. 0. H. S. Goodman, Judge. Plaintiff had a judgment in the circuit court, from which defendant appealed. The instructions referred to in the opinion of the division are the following: GIVEN BOE PLAINTIEE.
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Appeal from Gnmdy Circuit Court. — Hon. 0. H. S. Goodman, Judge. Plaintiff had a judgment in the circuit court, from which defendant appealed. The instructions referred to in the opinion of the division are the following: GIVEN BOE PLAINTIEE. “1. Under the charter and ordinances of defendant, introduced in evidence, it was the duty of defendant to keep its streets and sidewalks in good repair, free from obstruction and safe- for travel, in the ordinary modes, by day or by night, and if the jury believe from the evidence that the boards of the sidewalk at the place where plaintiff claims to…
1Opinion of the CourtBarclay, J.
Plaintiff’s action is based on alleged negligence of defendant in permitting a highway to remain in a dangerous condition, in consequence of which she sustained injuries.
The pleadings need not be recited. They raise the issues of defendant’s negligence as above noted, and, on the other side, of plaintiff’s contributory negligence.
The tendency of plaintiff’s testimony is to prove that as she was passing along Fifth street, in the town of Trenton, on her way home from church, after dark, May 11,1890, she fell into an opening in the public sidewalk and was injured. Two boards, which originally…
2Cases cited2 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- M. Forster Vinegar Manufacturing Co. v. GuggemosSupreme Court of Missouri · 1889
3Cited by25 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Liese v. MeyerSupreme Court of Missouri · 1898
- Moran v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1932
- Powell v. SherwoodSupreme Court of Missouri · 1901
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
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