City of Independence v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) There is at common law no obligation resting upon the owner of abutting property to repair streets and sidewalks. Elliott’s Public Cor., p. 299; Rochester v. Campbell, 123 N. Y. 405; s. c., 20 Am. St. Rep. 760, and note; Dillon on Mun. Cor., sec. 1012. ' The crosswalk are part of the sidewalks.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) There is at common law no obligation resting upon the owner of abutting property to repair streets and sidewalks. Elliott’s Public Cor., p. 299; Rochester v. Campbell, 123 N. Y. 405; s. c., 20 Am. St. Rep. 760, and note; Dillon on Mun. Cor., sec. 1012. ' The crosswalk are part of the sidewalks. Elliott on Public Cor., p. 300, n. 1; Goodfellow v. New York, 100 N. Y. 15; Hoyt- v. Danbury, 69 Conn. 341; City of Hartford v. Talcott, 48 Conn. 525. (2) The duty to repair rests upon the municipality, and is co-extensive with the…
1Opinion of the CourtEllison, J.
The defendant’s railway track crosses Kansas street in the city of Independence. The street runs east and west. The defendant’s railway crosses .over it from north to south with a right of way forty feet in width. Defendant built a sidewalk crossing over the street on the north line of the right of way for the use of the public. This walk also operated as a crossing over a drain ditch on the side of defendant’s railway. Mrs. Armstrong was injured by falling into a hole in the sidewalk. She afterward recovered a judgment against plaintiff city therefor. Her husband also recovered a judgment…
2Cases cited12 opinions
- Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
- Dyer County v. RailroadTennessee Supreme Court · 1889
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3Cited by17 opinions
- Crouch v. TourtelotSupreme Court of Missouri · 1961
- Kansas City Southern Railway Co. v. Payway Feed Mills, Inc.Supreme Court of Missouri · 1960
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- State ex rel. Siegel v. McLaughlinMissouri Court of Appeals · 1958
- St. Paul & Kansas City Short Line Railroad v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1937
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