Starkey v. City of GreenVille
Missouri Court of Appeals
Appeal from. "Wayne County Circuit Court. — How. E. M. Bearing, Judge. (1) A municipality can be held for damages only in cases for its failure to use ordinary care to keep its streets in reasonably safe condition for the probable use in the ordinary way. 37 Cyc: 285-286; 28 Cyc. 1358. (2) It is only against danger which can be or ought to be anticipated in the exercise of reasonable care and prudence, that a municipality is bound to guard in keeping its streets in good…
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Appeal from. "Wayne County Circuit Court. — How. E. M. Bearing, Judge. (1) A municipality can be held for damages only in cases for its failure to use ordinary care to keep its streets in reasonably safe condition for the probable use in the ordinary way. 37 Cyc: 285-286; 28 Cyc. 1358. (2) It is only against danger which can be or ought to be anticipated in the exercise of reasonable care and prudence, that a municipality is bound to guard in keeping its streets in good condition. 28 Cyc. 1367; Bagley v. St. Louis, 149 Mo. 122. (3) The city is not liable for every accident that may occur in…
1Opinion of the CourtFarrington, J.
The plaintiff recovered a judgment for $175 as damages for the death of his horse caused by an injury received on Race street, a thoroughfare within the limits and under the control of the defendant, a city of the fourth class having a population of a little less than one thousand according to the government census reports of 1910.
The petition contained the following allegation: “Plaintiff further states that the defendant city through its' officers and employees on the third day of February, 1914, and for a long time prior thereto negligently and carelessly permitted said street along and…
2Cases cited15 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Chapman v. MiltonWest Virginia Supreme Court · 1888
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
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3Cited by3 opinions
- Baker v. LuskMissouri Court of Appeals · 1918
- Olson v. City of St. PaulSupreme Court of Minnesota · 1919
- Reed v. City of St. JosephMissouri Court of Appeals · 1924