Missouri Appeal Reports Volume 42

Missouri Appeal Reports Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...as to the city's liability in determining whether the street in question was in reasonably safe condition for travel, they will take into consideration the fact that a hole existed in the street of the size shown in evidence, the amount of Smith v. The City of St. Joseph. travel on said street by the public, and the further fact that said city of St. Joseph, or-its servant and agent, Patrick Morley, immediately after the injury, repaired said defect. ' V " 5. It the jury believe, from the-evidence, that Patrick Morley was constructing the sewer mentioned in plaintiff 's petition, under the authority of the city of St. Joseph, at the time the accident complained of in plaintiffs petition took place, then the jury are instructed that it was the duty of the city to see that its streets, over which the public traveled, were kept in a reasonably safe condition during the time said Morley was building said sewer." _ The court gave for the defendant these _: " 1. If the jury believe from the evidence that defendant Morley, under the contract read in evidence, constructed the sewer mentioned in the petition, and filled back the earth over the same with reasonable care and skill, and the earth under the' surface of the ground, where said filling had been made, afterwards became hollow or soft by reason of the melting from the snow running by some hidden way under said surface, they will find for the defendants, unless they further believe that said Morley, or said city, knew, or, by the exercise of reasonable care, ought to have known, of the formation of said soft or hollow place. " 2. If the jury believe from the evidence that, under the contract read in evidence, the defendant Morley constructed the...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236809998
  • 9781236809995