Milledge v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) The verdict was excessive. The whole testimony as to the permanence of the injury was, that the fibula was dislocated. It was replaced by the physician, in whose opinion the injury will be permanent to some extent. Says she will never be able to entirely have the perfect use of that limb.
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Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) The verdict was excessive. The whole testimony as to the permanence of the injury was, that the fibula was dislocated. It was replaced by the physician, in whose opinion the injury will be permanent to some extent. Says she will never be able to entirely have the perfect use of that limb. On this guarded opinion the permanence of her injury was submitted by plaintiff’s instruction No. 4, and the jury allowed her $3,000. Of this amount $100 was allowed for medical services, $75 for three months time lost from work, and $2,825…
1Opinion of the CourtBroaddus, J.
The plaintiff, a woman seventy-three years of age, sued the city for damages for Injuries sustained from a fall alleged to have been caused by the defective condition of defendant’s sidewalk on the north side of Independence avenue near its intersection with Brighton avenue. The walk in question was mad.e of plank, had existed for a long time; was so constructed that it slanted from the inside towards the street, and on, and a long time prior to, the 27th day of September, 1900 — the date of plaintiff’s injury — was covered with earth. The lot to the north of the sidewalk was an embankment…
2Cases cited3 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Baker v. City of IndependenceMissouri Court of Appeals · 1902
3Cited by2 opinions
- Strange v. City of St. JosephMissouri Court of Appeals · 1905
- Brolin v. the City of IndependenceMissouri Court of Appeals · 1938