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Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 75 download book

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 75 download book

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 75.cMissouri Supreme Court
Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 75
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Author: Missouri Supreme Court
Page Count: 248 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
Format: PDF
ISBN: 9781230089003
Download Link: Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 75
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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. 1883 edition. Excerpt: ...with the city who is found upon a trial not to be liable to an action by the plaintifi', 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. Appeal from St. Louis Court of Appeals. AFFIRMED. Lererett Bell for the city of St. Louis, appellant. Plaintifi' 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; Blodgett 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. Cline, Jamison gt Day for the Vulcan Iron Works, appellant. The jury having 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 plaintifi', a child, and charges him with the same degree of care and prudence as an Donoho v. The Vulcan Iron Works. adult. Kempinger v. R'y Co., 3 Mo. App. 681; Boland 1'. R. R. C'0., 36 Mo. 484; O'Flaheriy v. R. R. Co., 45 Mo. 70; Wharton on Negligence, 310; R. R. C0. v. Gladman, 15 Wall. 401; R. R. Co. v. Stout, 17 Wall. 657. The instruction given at the instance of the city, that if plaintiff was on the street at the time of the injury, for amusement or pastime, that fact bars a recovery, was error. This is New England Town Law, and is statutory and barbarous. Wharton on Negligence, ...

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