Brake v. Kansas City
Missouri Court of Appeals
Appeal .from, Jackson Circuit Court. — How. J. II. Slover, Judge. (1) Plaintiff’s instruction numbered 3 does not properly direct tbe jury as to time allowed to city to repair walk. Badgley v. St. Louis, 149 Mo. 122; Baustian v. Young, 152 Mo. 317. (2) Plaintiff’s instructions numbered 5 and 8 are not confined to the pleadings and are otherwise prejudicial to defendant. Jacquin v. Cable Co., 57 Mo. App. 320; Pryor v. Railroad, 85 Mo.
Read the full summary
Appeal .from, Jackson Circuit Court. — How. J. II. Slover, Judge. (1) Plaintiff’s instruction numbered 3 does not properly direct tbe jury as to time allowed to city to repair walk. Badgley v. St. Louis, 149 Mo. 122; Baustian v. Young, 152 Mo. 317. (2) Plaintiff’s instructions numbered 5 and 8 are not confined to the pleadings and are otherwise prejudicial to defendant. Jacquin v. Cable Co., 57 Mo. App. 320; Pryor v. Railroad, 85 Mo. App. 378. (3) Plaintiff’s instruction numbered 4 is erroneous' for the following reasons, (a) It is not confined to the pleadings, and is a roving commission.…
1Opinion of the CourtBroaddus, J.
The plaintiff’s suit is for damages alleged to have been sustained by reason of the negligence of the defendant in constructing and maintaining an unsafe sidewalk on St. John avenue, one of defendant’s streets. The plaintiff, a married woman living separate and apart from her husband, claims that at about 7 o’clock on the evening of the 23d of November, 1900, while she was lawfully using said sidewalk, in the exercise of due care, she fell to the ground by reason of the absence of light and by reason of the unsafe and dangerous condition of said walk, and was severely injured.
The evidence…
2Cases cited10 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Haniford v. City of KansasSupreme Court of Missouri · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Gillen v. HaleyMissouri Court of Appeals · 1914
- Knight v. Kansas CityMissouri Court of Appeals · 1905
- Sayers v. CravenMissouri Court of Appeals · 1904