Townsend v. City of Joplin
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The petition in this case does not state facts sufficient to constitute a cause of action. The only allegation of negligence in plaintiff’s petition is that of failing to cover the gutter. Gutters are constructed without covers in order that they may carry off surface water. There is no duty on a city to cover its gutters.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The petition in this case does not state facts sufficient to constitute a cause of action. The only allegation of negligence in plaintiff’s petition is that of failing to cover the gutter. Gutters are constructed without covers in order that they may carry off surface water. There is no duty on a city to cover its gutters. Stone v. Troy, 60 Hun 580, 11 N. Y. Supp. 616; Lavasseur v. Village of Haverstraw, 63 Hun 627, 18 N. Y. Supp. 237; Van Pelt v. Clarksburg, 12 W. Va. 218, 21 S. E. 878; Hughes v. Baltimore, Fed. Cas.. No. 6811;…
1Opinion of the Court
NIXON, P. J.,
(after stating the facts). — I. It will be seen from the statement herein that at least two causes co-operated to produce the respondent’s injuries, — namely, the fright of the horse and the open gutter. If the appellant city owed a duty to the public to construct a proper sewer at this place and negligently failed to do so, then its concurrent negligence contributed to the accident and it is liable for the damages. A city is liable for an injury caused by a defective street although some accidental cause also contributed to the accident. The doctrine of concurrent negligence is…
2Cases cited8 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Huffman v. CaubleIndiana Supreme Court · 1882
- Ruppenthal v. City of St. LouisSupreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. DavisSupreme Court of Missouri · 1978
- Kissic v. StateSupreme Court of Alabama · 1957
- Daneschocky v. SiebleMissouri Court of Appeals · 1917
- Anderson v. StateAlabama Court of Appeals · 1950
- Barrett v. Mayor of SavannahCourt of Appeals of Georgia · 1911
7 more not listed; retrieve them via the Exa API.