Legal Opinion

Butts v. National Exchange Bank

Missouri Court of Appeals

Decided March 3, 1903PublishedCited by 9 opinions

Appeal from Greene Circuit Court. — Ho». J. T. Ne-ville, Judge. It was the duty of the defendant to keep and maintain the guard railing in a safe condition. Abutting, as this heavy, iron-barbed railing did, upon a main thoroughfare of a populous city, it constituted in its loose and unanchored condition a public nuisance and a constant menace to the passer-by. Franke v. City of St. Louis, 110 Mo. 516; Stevens v. Walpole, 76 Mo. App. 213; Kirkpatrick v. Knapp, 28 Mo.

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Appeal from Greene Circuit Court. — Ho». J. T. Ne-ville, Judge. It was the duty of the defendant to keep and maintain the guard railing in a safe condition. Abutting, as this heavy, iron-barbed railing did, upon a main thoroughfare of a populous city, it constituted in its loose and unanchored condition a public nuisance and a constant menace to the passer-by. Franke v. City of St. Louis, 110 Mo. 516; Stevens v. Walpole, 76 Mo. App. 213; Kirkpatrick v. Knapp, 28 Mo. App. 427; Merrill v. St. Louis, 83 Mo. 244; Benjamin v. Ry. Co. 133 Mo. 274; Gordon v. Peltzer, 56 Mo. App. 599; Reedy v.…

1Opinion of the CourtReyburn, J.

Plaintiff sues defendant for personal injuries caused by the alleged negligence of defendant, predicated on the following facts: De*170fendant, a Federal banking corporation, had its place of business in the city of Springfield, in a building of which it was owner and had the care, management and control on the 20th day of September, 1901.' The building is located on the public square on the corner of Boonville • street, and the sidewalks on both sides are on principal thoroughfares of the city of Springfield. The south side of the bank building is adjacent to and abuts upon the sidewalk on the…

2Cases cited6 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Franke v. City of St. LouisSupreme Court of Missouri · 1892
  3. Chilton v. City of St. JosephSupreme Court of Missouri · 1898
  4. Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
  5. Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
  2. Pandjiris v. Oliver Cadillac Co.Supreme Court of Missouri · 1936
  3. Halloran v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1921
  4. Jackson v. City of Blue SpringsMissouri Court of Appeals · 1995
  5. Moellman v. Gieze-Henselmeier Lumber Co.Missouri Court of Appeals · 1908

4 more not listed; retrieve them via the Exa API.

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