Stephens v. City of Macon
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Respondent’s 4th and 8th instructions put the case to the jury on a wrong theory. Respondent in going on to the sidewalk as he did was guilty of such contributory negligence as to preclude a recovery, and the court should have so instructed. The injury was directly due to his own negligence. 1 Thompson on Negligence, p. 169 ; 2 Ibid., pp. 1104 and 1129 ; City of Erie v. Magill, 2 Amer.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Respondent’s 4th and 8th instructions put the case to the jury on a wrong theory. Respondent in going on to the sidewalk as he did was guilty of such contributory negligence as to preclude a recovery, and the court should have so instructed. The injury was directly due to his own negligence. 1 Thompson on Negligence, p. 169 ; 2 Ibid., pp. 1104 and 1129 ; City of Erie v. Magill, 2 Amer. Corp. Cases, 3; Goshen v. Smith, 92 Pa. St. 435 ; City v. Krouse, 64 Ill. 19 ; Griffin v. New York, 9 N. Y. 456 ; Schaffer v. Sandusky, 33 O.…
1Opinion of the Court
Ewing, C.
This action was brought by the plaintiff ■against the city of Macon to recover damages alleged to have been sustained by him from falling into an excavation across the sidewalk on Rollins street, in front of *349block 94, whereby he sustained damages to the amount of $5,000.
The answer is that said plaintiff well knew of said excavation ; that plaintiff was injured by his own negligence ; that one B. F. Stone obtained permission of the defendant to .make said excavation. This map or plat of the ground was offered in evidence, from which the testimony will be more readily understood :
The…
2Cases cited8 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- City of Rome v. DavisCourt of Appeals of Georgia · 1911
17 more not listed; retrieve them via the Exa API.