O'Leary v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Eon. James E. Blover, Judge. The court erred because in respondent’s first instruction tbe court submitted the question of appellant’s negligence and respondent’s freedom from negligence, to the jury without defining in that or any other instruction what constituted negligence. Casey y. Bridge Co., 114 Mo. App. 47; Megrane v. Railway, 183 Mo. 119; Goodwin v. Railroad, 27 Mo. App. 617; Gessley y. Railway, 26 Mo.
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Appeal from Jackson Circuit Court.—Eon. James E. Blover, Judge. The court erred because in respondent’s first instruction tbe court submitted the question of appellant’s negligence and respondent’s freedom from negligence, to the jury without defining in that or any other instruction what constituted negligence. Casey y. Bridge Co., 114 Mo. App. 47; Megrane v. Railway, 183 Mo. 119; Goodwin v. Railroad, 27 Mo. App. 617; Gessley y. Railway, 26 Mo. App. 156; Gurley v. Railway, 93 Mo. 445; Senate y. Railway, 41 Mo. App. 295. (1) Of all the decisions in this State touching upon this proposition,…
1Opinion of the CourtJohnson, J.
Plaintiff fell into a hole in a sidewalk on one of the public streets of Kansas City and was injured. She alleges in her petition that the injuries were caused by the negligence of defendant in failing to exercise reasonable care to discover and repair the defect. The answer of defendant contained a general denial and a plea of contributory negligence. The trial resulted in a verdict and judgment in favor of plaintiff *79in the snm of $1,225, and the cause is here on the appeal of defendant.
The only error assigned relates to the first instruction given on behalf of plaintiff, which is as…
2Cases cited2 opinions
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Hooper v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
3Cited by1 opinion
- Landrum v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908