Legal Opinion

Lueking v. City of Sedalia

Missouri Court of Appeals

Decided May 18, 1914PublishedCited by 9 opinions

Appeal from Pettis Circuit Court. — Mon. M. B. Sham, Judge. (1) A municipal corporation is not liable for injuries from mere general slipperiness of its crossings, occasioned by recent fall of rain or snow. Reno v. St. Joseph, 169 Mo. 642; Warren v. Independence, 153 Mo. 593; Quinlan v. Kansas City, 104 Mo. App. 616; Reedy v. Brewing Ass’n., 161 Mo. 523; Bonkey v. St..

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Appeal from Pettis Circuit Court. — Mon. M. B. Sham, Judge. (1) A municipal corporation is not liable for injuries from mere general slipperiness of its crossings, occasioned by recent fall of rain or snow. Reno v. St. Joseph, 169 Mo. 642; Warren v. Independence, 153 Mo. 593; Quinlan v. Kansas City, 104 Mo. App. 616; Reedy v. Brewing Ass’n., 161 Mo. 523; Bonkey v. St.. Louis, 219 Mo. 37. (2) Plaintiff’s own evidence shows her to be guilty of such contributory negligence as to preclude her recovery. Border v..City of Sedalia, 161 Mo. App. 333; Wheat v. St. Louis, 179 Mo. 572; Sindlinger v.…

1Opinion of the CourtJohnson, J.

This is an action against the city of Sedalia for personal injuries sustained by plaintiff from falling on a crossing of one of the public streets. Plaintiff charges that her fall was caused by a negligent breach by the city of its duty to exercise reasonable care to maintain the crossing (which was of stepping-stones) in a.reasonably safe condition for travel. The petition alleges “that said crosswalk was made of large stepping-stones, set and imbedded in the ground; that prior to said 22d day of February, 1913, the defendant had negligently permitted said stepping-stones to become uneven,…

2Cases cited8 opinions

  1. Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
  2. Reno v. City of St. JosephSupreme Court of Missouri · 1902
  3. Holbert v. PhiladelphiaSupreme Court of Pennsylvania · 1908
  4. Coffey v. City of CarthageSupreme Court of Missouri · 1905
  5. Heberling v. City of WarrensburgSupreme Court of Missouri · 1907

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3Cited by9 opinions

  1. Frechette v. City of New HavenSupreme Court of Connecticut · 1926
  2. Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
  3. Burnison v. SoundersMissouri Court of Appeals · 1931
  4. Martin v. GilmoreMissouri Court of Appeals · 1962
  5. Costello v. City of KansasMissouri Court of Appeals · 1921

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