Schlinski v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. D. Busk, Judge. (1) Plaintiff’s own negligence contributed to the injury he complains of. It was the sole cause of his fall. The jury should have been instructed to return a verdict for defendants.
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Appeal from Buchanan Circuit Court. — Hon. W. D. Busk, Judge. (1) Plaintiff’s own negligence contributed to the injury he complains of. It was the sole cause of his fall. The jury should have been instructed to return a verdict for defendants. McHugh v. Paving Co., 106 N. Y. S. 165; Steinbrenner v. Forney, 127 N. Y. S. 623; Hunter v. Montesana, 111 Pac. 571; Compton v. Revere, 179 Mass. 413. (2) When the obstruction created in the street is purely collateral to the work contracted to be done, and is entirely the result of the wrongful acts of the contractor, the employer (defendant city) is…
1Opinion of the Court
TRIMBLE, J. —
The defendant city of St. Joseph authorized the paving of Harvard street, a much traveled thoroughfare of that municipality, and entered into a contract with its codefendant, the Metropolitan Paving Company, to do the work. During the progress of the improvement plaintiff, in walking along the street at night, fell over certain obstructions placed there by the paving company and was injured. He sues charging negligence on the part of both defendants in failing to place bariers so as to warn travel-lers. of such obstructions and in failing to light said street or to place red…
2Cases cited17 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- City of Anderson v. FlemingIndiana Supreme Court · 1903
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Village of Jefferson v. ChapmanIllinois Supreme Court · 1889
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3Cited by6 opinions
- Morales Muñoz v. CastroSupreme Court of Puerto Rico · 1962
- Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929
- Dorlon v. City of SpringfieldMissouri Court of Appeals · 1992
- City of Wagoner v. BlackSupreme Court of Oklahoma · 1939
- Lewis Ex Rel. Lewis v. Kansas CityMissouri Court of Appeals · 1938
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