Border v. City of Sedalia
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — How. H. B. Slain, Judge. (1) Plaintiff’s own evidence clearly shows him to he guilty of such contributory negligence as will bar a recovery. Wheat v. St. Louis, 179 Mo. 572; Sindlinger v. Kansas City, 126 Mo. 315; Wiggins v. St. Louis, 135 Mo! 565; Cohn v. Kansas City, 108' Mo. 387; Diamond v. Kansas City, 120 Mo. App. 185; Boyd v. Springfield, 6-2 Mo. App. 458; Lowe v. Railroad, 145 Mo.
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Appeal from Pettis Circuit Court. — How. H. B. Slain, Judge. (1) Plaintiff’s own evidence clearly shows him to he guilty of such contributory negligence as will bar a recovery. Wheat v. St. Louis, 179 Mo. 572; Sindlinger v. Kansas City, 126 Mo. 315; Wiggins v. St. Louis, 135 Mo! 565; Cohn v. Kansas City, 108' Mo. 387; Diamond v. Kansas City, 120 Mo. App. 185; Boyd v. Springfield, 6-2 Mo. App. 458; Lowe v. Railroad, 145 Mo. App. 255. (2) The court erred in refusing to give instruction number nine, asked for by the defendant. If plaintiff knew of the defect in the street and that it was…
1Opinion of the CourtJohnson, J.
This is an action against the city of Sedalia for damages for personal injuries which plaintiff alleges he sustained in consequence of the negligence of the city in failing to keep one of its street crossings in proper condition for the use of pedestrians. The answer contains a general denial and an allegation that plaintiff was injured by his own negligence. A trial of the issues resulted in a verdict and judgment for plaintiff and the cause is before us on the appeal of defendant.
The injury occurred in the night of November 28, 1908, at the crossing of Pacific street on the west side of…
2Cases cited6 opinions
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Kaiser v. City of St. LouisSupreme Court of Missouri · 1904
- Diamond v. Kansas CityMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Solomon v. DuncanMissouri Court of Appeals · 1916
- Cordray v. City of BrookfieldSupreme Court of Missouri · 1933
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
- Duff v. EichlerSupreme Court of Missouri · 1935
- Kelly ex rel. Kelly v. WalshMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.