Campbell v. City of Stanberry
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. O. A. Anthony, Judge. (1) Appellant contends that plaintiff’s instruction number 1 should not have been given. Eirst. Because it is a comment upon the evidence. Second. Because it declares the omission to protect the ditch by lights and guard rails negligence per se. Third. It requires that the city should have protected the ditch by sufficient guard rails and lights in the night time. Eourth.
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Appeal from the Gentry Circuit Court. — Hon. O. A. Anthony, Judge. (1) Appellant contends that plaintiff’s instruction number 1 should not have been given. Eirst. Because it is a comment upon the evidence. Second. Because it declares the omission to protect the ditch by lights and guard rails negligence per se. Third. It requires that the city should have protected the ditch by sufficient guard rails and lights in the night time. Eourth. Because it omits, as well as all of plaintiff’s instructions, the defense of contributory negligence pleaded by defendant. Hanlon v. Railroad, 104 Mo. 381;…
1Opinion of the CourtEllison, J.
— Plaintiff recovered judgment against defendant city on account of personal injury received in one of its streets.
It appears that plaintiff was passing along or across the street in the night time and fell into a trench about four feet deep which the city had dug therein for the purpose of laying water mains. The plaintiff was seriously injured. The court gave for plaintiff, among others, the following instruction :
“The court instructs the jury that under the law the city of Stanberry, defendant herein, is charged with the duty of maintaining its streets and alleys- in a reasonably safe…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Fullerton v. FordyceSupreme Court of Missouri · 1898
- Staples v. Town of CantonSupreme Court of Missouri · 1879
3Cited by3 opinions
- Ball v. City of NeoshoMissouri Court of Appeals · 1904
- Jackson v. Kansas CityMissouri Court of Appeals · 1904
- Gerber v. Kansas CityMissouri Court of Appeals · 1904