Womach v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The manner of constructing the sidewalk was not an issue in the case, but whether the city was negligent in permitting the snow and ice to accumulate and remain on the sidewalk in such quantity and shape as to amount to an obstruction or to render it unsafe and dangerous. Instructions should be confined to the issues and to the law and evidence tending to prove the question at issue.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The manner of constructing the sidewalk was not an issue in the case, but whether the city was negligent in permitting the snow and ice to accumulate and remain on the sidewalk in such quantity and shape as to amount to an obstruction or to render it unsafe and dangerous. Instructions should be confined to the issues and to the law and evidence tending to prove the question at issue. Morse v. Maddox, 19 Mo. 451. (2) The court erred in giving instruction 2 on behalf of defendant, which told the jury that the defendant was not…
1Opinion of the CourtValliant, J.
— Plaintiff sues for damages for personal injuries sustained by her in slipping and falling on ice and snow on a sidewalk in the defendant city. The allegation of negligence in the petition is: “that snow and ice had been allowed to accumulate and remain in uneven, irregular, rounded and slippery masses and ridges, causing said sidewalk to be unsafe and dangerous for persons traveling thereon;” that such condition had existed several weeks and was known or by the exercise of ordinary care could have been known to defendant. The answer denied the allegations of the petition and contained a…
2Cases cited1 opinion
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
3Cited by8 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Schneider v. Dubinsky Realty Co.Supreme Court of Missouri · 1939
- Rhinelander v. St. Louis-San Francisco Ry. Co.Supreme Court of Missouri · 1953
- Woehler v. City of St. LouisSupreme Court of Missouri · 1938
3 more not listed; retrieve them via the Exa API.