Campbell v. City of Chillicothe
Decision Date | 06 February 1912 |
Parties | CAMPBELL v. CITY OF CHILLICOTHE. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Linn County; Jno. P. Butler, Judge.
Action by Thomas C. Campbell against the City of Chillicothe. From a judgment for defendant, plaintiff appeals. Reversed and remanded.
This is a suit to recover damages for personal injuries, tried in the circuit court of Linn county, at Brookfield, on a change of venue from Livingston county. The verdict being for defendant, plaintiff appeals.
The defendant is a municipal corporation under a special charter, having at the time of the trial a population of about 10,000.
The facts constituting the negligence are stated in the petition as follows: The answer is a general denial, with a plea of contributory negligence.
Plaintiff was a citizen of Chillicothe, a traveling salesman, and on returning home on the night of February 20, 1906, a dark night, with a misting rain, he ran into or against a wooden picket gate in front of the residence of Mr. Theodore Carpenter and broke both bones of his leg just above the ankle. The gate was standing more or less open out, on, or across the sidewalk. The nearest street light, about a block distant, was out. The gate was about two blocks from the public square, and about one block from the plaintiff's residence. The gate, having been...
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Auslander v. St. Louis, 29992.
...render it unsafe for traffic in the ordinary modes. Loth v. Theater Co., 197 Mo. 328; Lundy v. Sedalia, 162 Mo. App. 218; Campbell v. Chillicothe, 239 Mo. 455; Shippey v. Kansas City, 254 Mo. 1; Beebe v. Kansas City, 34 S.W. (2d) 57; Aaronson v. New Haven, 12 L.R.A. 328; Vicksburg v. Harral......
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Auslander v. City of St. Louis
...which render it unsafe for traffic in the ordinary modes. Loth v. Theater Co., 197 Mo. 328; Lundy v. Sedalia, 162 Mo.App. 218; Campbell v. Chillicothe, 239 Mo. 455; Shippey v. Kansas City, 254 Mo. 1; Beebe Kansas City, 34 S.W.2d 57; Aaronson v. New Haven, 12 L. R. A. 328; Vicksburg v. Harra......
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Sparks v. Kansas City
... ... [Clinkenbeard v. City of St. Joseph (Mo.), 10 S.W.2d ... 54, 55; Griffin v. City of Chillicothe, 311 Mo. 648, ... 279 S.W. 84.] ... We ... believe the opinion of the Supreme Court in the case of ... Clinkenbeard v. City of ... We do not ... consider such cases in point. Some of such cases are: ... Kiley v. Kansas City, 87 Mo. 103; Campbell v ... City of Chillicothe, 239 Mo. 455, 144 S.W. 408 ... The ... plaintiff does cite and quote from the cases of Johnson ... ...
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