DePung v. City of St. Louis

CLEMENS, Commissioner.

The plaintiff motorist, Mrs. Lorraine A. DePung, was injured when she drove off the street and into a tree while trying to dodge *510a partly lighted barricade and excavation in the defendant City’s street. She got a $2,000 verdict and judgment. The City has appealed, challenging the sufficiency of plaintiff’s evidence to show that the City had constructive knowledge of the dangerous condition long enough to impute negligence to the City in failing to remedy the condition.

The parties are in accord about the underlying principles of the City’s liability. Neither questions the…