Hall v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Now. William K. Amick, Judge. (1) The demurrer to the evidence offered by the city should have been sustained for the reason that the plaintiff, a pedestrian, was not traveling in that part of the street set apart for pedestrians, and the city is not held to anticipate such use as plaintiff made of the street. Holding v. St. Joseph, 92 Mo.
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Appeal from Buchanan Circuit Court. — Now. William K. Amick, Judge. (1) The demurrer to the evidence offered by the city should have been sustained for the reason that the plaintiff, a pedestrian, was not traveling in that part of the street set apart for pedestrians, and the city is not held to anticipate such use as plaintiff made of the street. Holding v. St. Joseph, 92 Mo. App. 143'; Woodson v. Railroad, 224 Mo. 685'. (2) The court should have given instruction number one. If the street light located 118 feet from the wagon gave sufficient light when in repair to protect plaintiff and got…
1Opinion of the CourtBroaddus, P. J.
The plaintiff was injured on the 31st day of December, 1910, at a point on Nineteenth street, near Frederick avenue, in the city of St. Joseph, Missouri. The injury was caused by plaintiff falling or stumbling over a wagon tongue, which was.attached to a wagon in the street in front of the defendant Craig’s blacksmith shop. Both of said streets are improved. The injury occurred at about 6 o’clock a. m. while plaintiff was going to his work. The evidence tended to show that it was the habit of people who desired to have their wagons repaired to leave them in the street in front of defendant…
2Cases cited4 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Waltemeyer v. Kansas CityMissouri Court of Appeals · 1897
- Holding v. City of St. JosephMissouri Court of Appeals · 1902
3Cited by3 opinions
- Burgess v. Kansas CityMissouri Court of Appeals · 1951
- Sutton v. Fox Missouri Theatre CompanySupreme Court of Missouri · 1960
- Cowgill v. City of St. JosephMissouri Court of Appeals · 1914