Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 72
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. 1881 edition. Excerpt: ...and there can be no judgment against the city unless judgment be also rendered against the other person who is also liable. But it a person be joined as defendant with the city who is found upon a trial not to be liable to an action by the plaintiff, this will not prevent a recovery against the city if the case be one in which an action could have been maintained against the city alone before the adoption of the charter. Plaintiff was not entitled to recover because, at the time he received the injury, he was using the street only as a play ground. Stinson v. Gardiner, 42 Me. 248; Blod_qett v Boston, 8 Allen 237; 2 Dillon Munic. Corp., (3 Ed.) 1000,1001, 1002. The obligation esting upon the city is filled if the streets are reasonably safe for travel--not for play or for any other purpose, but solely for travel. Blake v. St. Louis, 40 Mo. 569; Smith v. St. Joseph, 45 Mo. 449; Bowie v. Kansas City, 51 Mo. 454; Barrett v. St. J0seph, 53 Mo. 290; Brown 2: . Glasgow, 57 Mo. 156; Craig v. Sedalia, 63 Mo. 417. Cline, Jamison gt" Day for the Vulcan Iron Works, appellant. The juryphaving found the Vulcan Iron Works not guilty of negligence could not do otherwise than find for the city. Charter. art. 16, 9. A. R. Taylor for respondent. The chief vice of the instructions given for the defendant, the Vulcan Iron Works, is, that they ignore entirely the capacity of the plaintiff, a child, and charges him with the same degree of care and prudence as an adult. Kempinger v. R'y Co., 3 Mo. App. 681; Boland v. R. R. Co., 36 Mo. 484; O'Flaherty v. R. R. Co., 45 Mo. 70; Wharton on Negligence, 310; R. R. Co. v. Gladman, 15 Wall. 401; R. R. Co. v. Stout, 17 Wall. 657. The instruction given at the instance of the...
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- 13 Sep 2013
- Illustrations, black and white