Fairall v. City of Cameron
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Ho?». A. D. Burnes, Judge. (1) The petition fails to state a cause of action in that it nowhere states that defendant was negligent or negligently failed to make or repair its sidewalk, or that it was not in a state or condition reasonably safe for travel thereon by the traveling public, which is the test of the defendant’s liability.
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Appeal from Clinton Circuit Court. — Ho?». A. D. Burnes, Judge. (1) The petition fails to state a cause of action in that it nowhere states that defendant was negligent or negligently failed to make or repair its sidewalk, or that it was not in a state or condition reasonably safe for travel thereon by the traveling public, which is the test of the defendant’s liability. Bonine v. Richmond, 75 Mo. 440. (2) As to the proper condition of the streets and sidewalks of a city the test is, that they be reasonably safe for travel thereon in the usual modes of travel. Kiley v. Kansas City, 87 Mo.…
1Opinion of the CourtBroaddus, J.
— This is a suit against the city of Cameron, Missouri, to recover damages resulting from an alleged injury to plaintiff, Mollie B. Fairall, caused by a fall on a sidewalk' alleged to have been defective. The plaintiff’s evidence tended to show that in the month of December, 1900, while she was passing over a sidewalk on Harris street in said city in company with two other women, a board in the walk was stepped on by one of her companions in such a manner that it tilted" up and tripped the plaintiff, throwing her down and injuring her; and that said sidewalk had been in.a bad condition long…
2Cases cited4 opinions
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
- McBeth v. CraddockMissouri Court of Appeals · 1887
- Merchant's Insurance v. HauckSupreme Court of Missouri · 1884
- Link v. PrufrockMissouri Court of Appeals · 1900
3Cited by4 opinions
- State ex rel. Dunklin County v. BlakemoreSupreme Court of Missouri · 1918
- Dallas Railway & Terminal Co. v. SutherlandCourt of Appeals of Texas · 1930
- Mertens v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Dallas Railway & Terminal Co. v. SutherlandCourt of Appeals of Texas · 1930