Ruppenthal v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The uncontradicted testimony shows that the so-called “Sidewalk,” which plaintiff alleges was out of repair at the point where he was injured, is no city sidewalk at all, but a mere foot-worn dirt pathway running along the uneven surface of the soil; it was never undertaken to be graded, altered or improved by the city, but left in its original state of nature.
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Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The uncontradicted testimony shows that the so-called “Sidewalk,” which plaintiff alleges was out of repair at the point where he was injured, is no city sidewalk at all, but a mere foot-worn dirt pathway running along the uneven surface of the soil; it was never undertaken to be graded, altered or improved by the city, but left in its original state of nature. For such as chose_ to use the path it served as a continuation of the graded and improved granitoid to the east of it, but such use was not invited or…
1Opinion of the CourtMarshall, J.
This is an action for $5,000 damages for personal injuries, alleged to have been received by the plaintiff on the 29th of July, 1900, on the south side of Arsenal street, about 160 feet west of Portis avenue, caused by the plaintiff stepping into an alleged hole or trench running across the sidewalk, which hole is alleged to be eighteen inches deep. *216eighteen inches wide, and three feet long, in consequence of which the plaintiff’s left foot and ankle were injured and sprained.
The answer is a general denial, coupled with a plea of contributory negligence. There was a verdict for, the plaintiff…
2Cases cited11 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Keating v. City of KansasSupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- State ex rel. Abel v. GatesSupreme Court of Missouri · 1905
- Chance v. City of St. JosephMissouri Court of Appeals · 1916
- Ivey v. City of BirminghamSupreme Court of Alabama · 1914
- Townsend v. City of JoplinMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.