Kossman v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Instruction numbered 6 properly declared the law. “One who attempts to cross over a sidewalk, as part of a road known to him to be dangerous, when the dangerous place could have been easily avoided, as by passing around it, or taking another side of the road, is wanting in due care, and the court may so say as a matter of law.”
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Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Instruction numbered 6 properly declared the law. “One who attempts to cross over a sidewalk, as part of a road known to him to be dangerous, when the dangerous place could have been easily avoided, as by passing around it, or taking another side of the road, is wanting in due care, and the court may so say as a matter of law.” Cohn v. City of Kansas, 108 Mo. 393; Gerdes v. Iron & Foundry Co., 124 Mo. 355; Wiggins v. St. Louis, 135 Mo. 558; 2 Shearman & Redfield on Neg., sec. 376. (2) Instruction numbered 9 was…
1Opinion of the CourtGantt, P. J.
An action for damages for personal injuries sustained by plaintiff, a teamster, was commenced against the city of St. Louis, August 28, 1896. A trial resulted in a verdict for defendant in 1897 and the verdict was set aside by the circuit court, from which order granting a new trial defendant city appeals.
The petition states the plaintiff’s case very concisely:
“The plaintiff states that at the times herein mentioned the city of St. Louis was and now is a municipal corporation by virtue of the law of the State of Missouri. That at said time Grand avenue, at the places herein mentioned, was an…
2Cases cited6 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Vogelgesang v. City of St. LouisSupreme Court of Missouri · 1897
- Brown v. Mayor of GlasgowSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- Fockler v. Kansas CityMissouri Court of Appeals · 1902
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
11 more not listed; retrieve them via the Exa API.