Reno v. City of St. Joseph
Citation | 169 Mo. 642,70 S.W. 123 |
Parties | RENO v. CITY OF ST. JOSEPH. |
Decision Date | 27 October 1902 |
Court | United States State Supreme Court of Missouri |
2. Under Rev. St. 1899, § 5724, requiring, in case of injury from a defective sidewalk, notice to the city, stating the character and circumstances of the injury, a statement: — sufficiently stated the facts, not only in relation to the sidewalk, but also as to injuries, though an enlargement of the bones of the hip was caused.
3. There is no error in admission of evidence; it having been admitted without objection, and ruled out on motion.
4. An instruction authorizing recovery if snow and ice had accumulated on the sidewalk, and a ridge had formed in the center thereof, which sloped on either side, making it dangerous and unsafe for pedestrians to travel on, and plaintiff, stepping on the ridge, slipped and fell, and was thereby injured, substantially embraces the fact that she was injured by reason of the unsafe and dangerous condition of the sidewalk.
Appeal from circuit court, Buchanan county; W. K. James, Judge.
Action by Mary J. Reno against the city of St. Joseph. Judgment for plaintiff. Defendant appeals. Affirmed.
Kendall B. Randolph, for appellant. Dickson & Dickson, Wilson & Watkins, and H. S. Kelley, for respondent.
This is an action for damages alleged to have been sustained by plaintiff on the 30th day of January, 1898, by slipping and falling on the sidewalk on Eighteenth street in defendant city. At the time of the accident the snow and ice had accumulated on the sidewalk, and the people, in walking over it, had tramped the snow down in the middle of the walk so that a ridge was formed from 3 to 6 inches high, and from 1 foot to 18 inches wide, and sloping from the center toward the edges or sides of the ridge, and the thawing and freezing made the ridge of snow and ice slippery, rough, and uneven. It had been in that condition for about 30 days, — all through the month of January. On that day the plaintiff and her daughter, Minnie Reno, and her neighbor, Mrs. Moran, and her daughter, May Moran, passed down and over said street. As they returned home they walked upon the sidewalk in question. They were traveling along in single file, one after another; the plaintiff in the rear, following along after or behind the others, who led the way. They had traveled some blocks on the sidewalk, and experienced no difficulty before they came to the walk where plaintiff fell; but when they came to this particular piece of sidewalk, going north, the plaintiff, in attempting to pass over it, stepped on the ridge of snow and ice, and slipped and fell down, — her feet going out towards the east side of the walk, and her head toward the west, striking her hip and thigh on the ridge across which she fell, — and thereby received the injuries to the sciatic nerve complained of, disabling and crippling her for life. She was picked up and carried home, and was confined to her bed several weeks, suffering excruciating pain by reason of the injury to the sciatic nerve. The accident happened on the 30th day of January, 1898. The plaintiff served a notice upon the mayor on the 29th day of March, 1898, within 60 days of the occurrence; stating the time when and the place where the injury occurred, and the character and circumstances of the injury, and that she would claim damages from the city for said injuries. This notice was in writing, and verified by the plaintiff's affidavit.
At the conclusion of plaintiff's evidence, the defendant asked the court to instruct the jury as follows: "The court instructs the jury that, under the pleadings and evidence in this case, the plaintiff cannot recover, and your verdict will be for the defendant." The court refused said instruction, to which action of the court defendant then and there at the time excepted.
After all of the evidence was in, the court, on behalf of the plaintiff, instructed the jury as follows:
To which action of the court in giving said instructions on behalf of the plaintiff, Nos. 1 to 6 inclusive (except as to instruction No. 5), and each of them, de...
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Hackenyos v. City of St. Louis
...and fraudulent demands. II. Appellant relies upon the following cases in support of her contention; to wit: Reno v. City of St. Joseph, 169 Mo. 655, 70 S. W. 123; Murphy v. City of St. Paul, 130 Minn. 410, 153 N. W. 619; Sullivan v. City of Syracuse, 77 Hun, 440, 29 N. Y. Supp. 105; Murphy ......
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