Legal Opinion

Straub v. City of St. Louis

Supreme Court of Missouri

Decided June 9, 1903PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Rom. D. D. Fisher, Judge. (1) A municipal corporation is only “bound to> keep tbe streets and highways in a proper state of repair, free from obstructions, so that they will be reasonably safe for travelers.” Smith v. St. Joseph* 45 Mo. 449. (2) Those not using the streets for purposes of travel can not complain of their condition. The liability of the corporation extends only to travelers injured thereon.

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Appeal from St. Louis City Circuit Court. — Rom. D. D. Fisher, Judge. (1) A municipal corporation is only “bound to> keep tbe streets and highways in a proper state of repair, free from obstructions, so that they will be reasonably safe for travelers.” Smith v. St. Joseph* 45 Mo. 449. (2) Those not using the streets for purposes of travel can not complain of their condition. The liability of the corporation extends only to travelers injured thereon. Kiley v. Kansas City, 87 Mo. 103; Russell v. Columbia, 74 Mo. 480; Bassett v. St. Joseph, 53 Mo. 290; Smith v. St. Joseph, 45 Mo. 449; Brennan v.…

1Opinion of the Court

GANTT, P. J. J.

— This court has jurisdiction of this appeal solely because the city of St. Louis, the defendant, is one of the political subdivisions of the State. . .

*415The plaintiff, the mother of Edwin Straub, a minor not seven years old, brought her action against one Middleton and the city jointly for damages resulting to her as the mother, by the loss of the services of the child and for the value of his nursing and expenses of medical treatment, from the negligence of the said Middleton placing an old counter on the edge of the sidewalk on St. Louis avenue, and against the city for…

2Cases cited13 opinions

  1. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  2. Kunz v. . City of TroyNew York Court of Appeals · 1887
  3. City of Chicago v. KeefeIllinois Supreme Court · 1885
  4. Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
  5. McGuire v. . SpenceNew York Court of Appeals · 1883

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3Cited by15 opinions

  1. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  2. Capp v. City of St. LouisSupreme Court of Missouri · 1913
  3. Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
  4. Charles v. El Paso Electric Ry. Co.Texas Commission of Appeals · 1923
  5. Carr v. St. Louis Auto Supply Co.Supreme Court of Missouri · 1922

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