Kilroy v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) The abutting owner bas tbe right to construct and maintain a cellar opening in tbe sidewalk and be incurs no liability by placing and maintaining it there, provided tbe sidewalk is left and kept in reasonably' safe condition for public travel. Peblbauer v. City, 178 Mo. 635; Cordon v. Peltzer, 56 Mo. App. 599; Jegglin v. Boeder, 79 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) The abutting owner bas tbe right to construct and maintain a cellar opening in tbe sidewalk and be incurs no liability by placing and maintaining it there, provided tbe sidewalk is left and kept in reasonably' safe condition for public travel. Peblbauer v. City, 178 Mo. 635; Cordon v. Peltzer, 56 Mo. App. 599; Jegglin v. Boeder, 79 Mo. App. 434. (2) Tbe action is for alleged negligence in allowing tbe covering or grating of tbe coal chute to become worn and defective. Por such negligence, if any there be, tbe occupant…
1Opinion of the CourtValliant, J.
Plaintiff’s minor son fell through a hole in the sidewalk and received injuries to his person. The plaintiff sues for damages to cover the loss of his son’s services and the expenses incurred in treating him for his injuries. The defendants are Adam Wackman, the owner of the abutting property ; St. Louis Brewing Association, alleged to be the lessee in possession; and the city of St. Louis, the proprietor of the street. The theory of the plaintiff’s petition is that the city is liable because it owns the street and is charged with the duty of exercising ordinary care to keep it in a…
2Cases cited2 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
3Cited by26 opinions
- Crouch v. TourtelotSupreme Court of Missouri · 1961
- Kansas City Southern Railway Co. v. Payway Feed Mills, Inc.Supreme Court of Missouri · 1960
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Kelly v. Laclede Real Estate & Investment Co.Supreme Court of Missouri · 1941
- State ex rel. Siegel v. McLaughlinMissouri Court of Appeals · 1958
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