Huggins v. City of Hannibal

• Decision Date: 02 February 1926
• Docket Number: No. 19225.,19225.
• Citation: 280 S.W. 74
• Parties: HUGGINS v. CITY OF HANNIBAL.
• Court: Missouri Court of Appeals

280 S.W. 74

HUGGINS v. CITY OF HANNIBAL.

No. 19225.

St. Louis Court of Appeals. Missouri.

February 2, 1926.

Rehearing Denied February 23, 1926.

Appeal from Circuit Court, Rails County; Charles T. Hays, Judge.

"Not to be officially published."

Action by Josephine Huggins against the City of Hannibal. Judgment for defendant, and plaintiff appeals. Reversed and remanded.

Rendlen & White, of Hannibal, for appellant.

John G. Cable, of Hannibal, and Jos. F. Barry, of New London, for respondent.

BECKER, J.

Plaintiff's action is against the city of Hannibal for personal injuries alleged to have been sustained by her through the negligence of said defendant in maintaining a defective and dangerous flagstone crosswalk within the corporate limits of the defendant. On a change of venue the cause was tried in the circuit court of Rails county, Mo.; the jury returning a verdict for the defendant. After an unavailing motion for new trial plaintiff in due course appeals.

As to the facts, it is sufficient to state that plaintiff adduced testimony tending to show that the city of Hannibal, for a number of years, maintained a flagstone crosswalk over Lyon street at its intersection with Eleventh street in what might be termed the central district of the city; that the flagstones of this crosswalk were uneven, irregular in size, the height of the stones varying as much as two inches, and the edges of some of the stones at the time plaintiff met with her injuries had open crevices between them varying in width and depth from two to four inches; that in dry weather these crevices were partially filled up with dirt and sand, which in turn would he washed out again whenever it rained. An incandescent electric light was erected and maintained at this corner by the defendant for the purpose of lighting the crossing at night; that on the night in question, shortly after 11 o'clock, the night being dark and the streets wet, it having rained during the day and again that night, plaintiff, who lived on Lyon street near Eleventh, was walking home, in company with her husband and her young son, and, when she reached the corner in question, the incandescent light there was not burning, and plaintiff, in endeavoring to walk across and over the flagstone crossing, had the heel of her left shoe caught in one of the crevices between the stones, causing her to fall to the street, resulting in the breaking of her ankle and other injuries. Plaintiff also adduced several witnesses, who testified that the incandescent light at the corner had, for several months prior to the night on which plaintiff met with her injuries, often failed to burn.

Defendant adduced testimony tending to show that the crosswalk in question was reasonably safe; also that, even if the crosswalk in question was in a dangerous and unsafe condition, plaintiff knew of such fact, and that, under the facts and circumstances existing at the time plaintiff attempted to cross over the walk, she failed to exercise ordinary care, and was therefore guilty of contributory negligence.

Appellant contends that the trial court erred in failing to sustain her objection to the argument and statement of defendant's counsel to the jury to the effect that the taxpayers of the city of Hannibal would have to go into their pockets and pay the plaintiff any award or judgment that might be rendered in her favor, and that any verdict rendered by the jury would be taking the taxpayers' money, and that the court, upon objection being made...