Beauvais v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) The demurrer offered by appellant at the close of respondent’s evidence should have been sustained by the trial court, since no witness for plaintiff was able to prove that the sidewalk had been unsafe previous to.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) The demurrer offered by appellant at the close of respondent’s evidence should have been sustained by the trial court, since no witness for plaintiff was able to prove that the sidewalk had been unsafe previous to. November 11, 1899, for any length -of time sufficient to charge appellant with notice, and there was no testimony to show that the city had notice of any defect in the walk, and respondent’s testimony showed that playing children would remove bricks off the walk, sometimes replacing them, and at other times…
1Opinion of the CourtValliant, J.
— Appeal from a judgment for plaintiff for $600 damages for personal injuries sustained in falling on a sidewalk, alleged to have been out of repair and negligently suffered by defendant to remain so. Besides a general denial in the answer, there was a plea of contributory negligence.
The testimony for plaintiff tended to show that the sidewalk on which she fell was in a public street in a thickly-inhabited part of the city; that it was constructed of brick, and that for several weeks prior to and at the time of the accident there was a hole in the pavement caused by the removal of some of the…
2Cases cited4 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Graney v. City of St. LouisSupreme Court of Missouri · 1897
- Womach v. City of St. JosephSupreme Court of Missouri · 1902
3Cited by9 opinions
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Newberry v. City of St. LouisSupreme Court of Missouri · 1934
- DePung v. City of St. LouisMissouri Court of Appeals · 1968
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