Plummer v. City of Milan
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. W. W. Rucker, Judge. ' (1) The petition in this case does not state facts sufficient to constitute a cause of action. A municipality is not liable, merely because of a defect or broken board in a sidewalk. The defect must be such as that on account of its existence the sidewalk, as a walk, is rendered unsafe for ordinary use. Young v. Kansas City, 45 Mo. App. 600; Salmon v. Town of Trenton, 21 Mo.
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Appeal from the Chariton Circuit Court. — Hon. W. W. Rucker, Judge. ' (1) The petition in this case does not state facts sufficient to constitute a cause of action. A municipality is not liable, merely because of a defect or broken board in a sidewalk. The defect must be such as that on account of its existence the sidewalk, as a walk, is rendered unsafe for ordinary use. Young v. Kansas City, 45 Mo. App. 600; Salmon v. Town of Trenton, 21 Mo. App. 182; Staples v. Canton, 69 Mo. 592. (2) The court should have given the instruction asked at the close of plaintiff’s evidence, in the nature of a…
1Opinion of the CourtEllison, J.
Plaintiff recovered judgment against defendant for an injury received by falling on one of defendant’s defective sidewalks.
^aon1; iiegiigelice: city sidewalk. Objection is made here to the petition in that it does not definitely allege that the sidewalk was in an unsafe or dangerous condition or that it was unsafe for ordinary travel. The objection is well taken, since such facts should be alleged -.. ,. . . .... either directly or by necessary implication. Young v. Kansas City, 45 Mo. App. 602. We would perhaps have held the petition good after verdict, but since the case is to be retried no…
2Cases cited5 opinions
- Plummer v. TrostSupreme Court of Missouri · 1884
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Lavelle v. StifelMissouri Court of Appeals · 1889
- Young v. Kansas CityMissouri Court of Appeals · 1891
3Cited by11 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
- Tryon v. CaseyMissouri Court of Appeals · 1967
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