Benton v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Hon. G. Or rich Bishop, Judge. (1) Evidence tending to show a large population residing in the locality in question and making use of this street was admissible. Ely v. St. Louis, 181 Mo. 729. (2) Evidence showing that the city had done work upon this street at this particular point was admissible.
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Appeal from St. Louis City Circuit Court . — Hon. G. Or rich Bishop, Judge. (1) Evidence tending to show a large population residing in the locality in question and making use of this street was admissible. Ely v. St. Louis, 181 Mo. 729. (2) Evidence showing that the city had done work upon this street at this particular point was admissible. Dinsmore v. St. Louis, 192 Mo. 265. (3) To establish the character of the locality, where the injury occurred, as part of a public street, nothing more was essential than to show that it was in actual possession of 'the city, and open to, and used by,…
1Opinion of the Court
LAMM, R. J.
Plaintiffs, father and mother of George Benton, an infant between six and seven years, sue for the wrongful death of George, drowned May 4, 1905, at a place in defendant city known as “Bruno avenue,” laying their damages at $5,000. At the close of their evidence, defendant asks an instruction in the nature of a demurrer. The trial, judge signifies his *692intention to give it. Thereupon plaintiffs request permission to take a nonsuit with leave. Permission going, they take a nonsuit. In díie time they move to set it aside, and (their motion denied) they appeal.
The petition charges that…
2Cases cited27 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
- Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
- Virginia Hot Springs Co. v. LowmanSupreme Court of Virginia · 1919
- Benton v. City of St. LouisSupreme Court of Missouri · 1913
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
51 more not listed; retrieve them via the Exa API.