Fogg v. Kansas City
Missouri Court of Appeals
Appeal Jackson Circuit Court — Hon. O. A. Lucas, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. Because, although there were mounds of ice in the sidewalk, according to plaintiff’s testimony, there is no evidence that plaintiff fell on such mounds or ridges.
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Appeal Jackson Circuit Court — Hon. O. A. Lucas, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. Because, although there were mounds of ice in the sidewalk, according to plaintiff’s testimony, there is no evidence that plaintiff fell on such mounds or ridges. Tobin v. Waterloo, 131 la. 75,107 N. W. 1031. (2) .Even if it be conceded that the plaintiff stepped on rough ice and fell, she cannot recover, for she was perfectly acquainted with the dangerous condition of the walk and exercised no care at all in attempting to walk over it. Wheat v. St. Louis, 179 Mo.…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is for personal injury received from a fall on one of defendant’s sidewalks. She recovered judgment in the trial court.
There was evidence tending to show that one of defendant’s sidewalks descended slightly towards the parkway and that it was covered with ice which had 'been formed from repeated snows and thawings. That it had thereby been made rough and uneven by the tramping of pedestrians. These rough places were from two to three inches higher than the level and, as expressed by a witness, “some were a little higher.” It was described by another as “ in mounds. ’ ’
It…
2Cases cited8 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Combs v. City of KirksvilleMissouri Court of Appeals · 1908
- Peterie v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
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