Willis v. City of St. Joseph

• Decision Date: 23 November 1914
• Docket Number: No. 11270.,11270.
• Citation: 171 S.W. 27,184 Mo. App. 428
• Parties: WILLIS v. CITY OF ST. JOSEPH.
• Court: Missouri Court of Appeals

171 S.W. 27

184 Mo. A. 428

WILLIS v. CITY OF ST. JOSEPH.

No. 11270.

Kansas City Court of Appeals. Missouri.

November 23, 1914.

1. MUNICIPAL CORPORATIONS (§ 821) — DEFECTIVE SIDEWALK — PERSONAL INJURIES — NEGLIGENCE — QUESTION FOR JURY.

Where, in a pedestrian's action for injuries from a fall due to the tilting of a block in a sidewalk, there was evidence that the defect had existed long enough to charge the city with notice, and that policemen had observed it, the question of the city's negligence was for the jury.

2. MUNICIPAL CORPORATIONS (§ 821) — DEFECTIVE SIDEWALK — PERSONAL INJURIES — CONTRIBUTORY NEGLIGENCE — QUESTION FOR JURY.

In a pedestrian's action for injuries from a fall due to the tilting of a block in a sidewalk on which plaintiff stepped on coming out of a shoeshop, the question whether plaintiff was contributorily negligent in not seeing and avoiding the defect was for the jury.

3. MUNICIPAL CORPORATIONS (§ 790) — DEFECTIVE SIDEWALK — NOTICE — KNOWLEDGE OF POLICEMAN.

A city is chargeable with a policeman's knowledge of the existence of a defect in a sidewalk, which causes injury to a pedestrian.

4. MUNICIPAL CORPORATIONS (§ 763) — DEFECTIVE SIDEWALK — DUTY OF CITY.

A city owes to pedestrians a greater diligence in looking after the safety of streets which

are much traveled than those streets where the travel is light.

5. APPEAL AND ERROR (§ 1003) — VERDICT — CONCLUSIVENESS.

Where, in a pedestrian's action against a city for injuries, there was substantial evidence to sustain plaintiff's contention that the injury was received on October 10th, as stated in the notice given to the city, as required by Rev. St. 1909, § 8863, a verdict for plaintiff could not be disturbed on appeal for fatal variance, as to the date of injury, between the proof and notice, though the preponderance of the evidence was in favor of defendant's contention that the injury was received on October 11th.

Appeal from Circuit Court, Buchanan County; Charles H. Mayer, Judge.

Action by Fernando Willis against the City of St. Joseph. From a judgment for plaintiff, defendant appeals. Affirmed.

Frank B. Fulkerson, City Counselor, and L. E. Thompson and Herman Hess, Asst. City Counselors, all of St. Joseph, for appellant. R. C. Bell, of St. Joseph, for respondent.

ELLISON, P. J.

Plaintiff's action is for personal injury received on one of defendant's sidewalks, which he alleges was allowed to become dangerously out of repair. He obtained judgment in the...