Gibbs v. City of Monett
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. Carr McNatt, Judge. (1) The court erred in not giving- the demurrer in the nature of a peremptory instruction asked for by defendant at the close of plaintiff’s evidence. There was no negligence on the part of the defendant in constructing the crossing complained of. It is shown to have been constructed in a safe and substantial manner.
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Appeal from Barry Circuit Court. — Hon. Carr McNatt, Judge. (1) The court erred in not giving- the demurrer in the nature of a peremptory instruction asked for by defendant at the close of plaintiff’s evidence. There was no negligence on the part of the defendant in constructing the crossing complained of. It is shown to have been constructed in a safe and substantial manner. (2) Defendant earnestly insists that the plaintiff’s own negligence and carelessness was the proximate cause of her injury and the court erred in not sustaining defendant’s demurrer to plaintiff’s evidence. Wheat v. St.…
1Opinion of the CourtGray, J.
Plaintiff was injured while walking on Bond street, a public street in the defendant city. Bond street runs east and west, and according to plaintiff’s testimony, was much traveled. Between Sixth and Seventh streets, which run north and south. Bond street is crossed by an alley. On the south side of the street, and extending east to the alley, a sidewalk had been constructed four feet wide. The alley was an' open ditch about eighteen inches deep from the top of the walk. To enable persons to pass over the alley, the city had constructed a board crossing, consisting of three planks about seven…
2Cases cited9 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Graney v. City of St. LouisSupreme Court of Missouri · 1897
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
- Chase v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
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3Cited by3 opinions
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
- Butler v. City of ConroeCourt of Appeals of Texas · 1920
- Francis v. City of West PlainsMissouri Court of Appeals · 1919