Cochran v. City of Springfield
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. A. B. Lovan, Special Judge. The question of contributory negligence is generally one for the jury to determine from the circumstances of the case. But where the facts are undisputed, and but' one reasonable inference can be drawn from them, the question is one of law for the court and the case should be taken from the jury.
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Appeal from Greene Circuit Court. — Hon. A. B. Lovan, Special Judge. The question of contributory negligence is generally one for the jury to determine from the circumstances of the case. But where the facts are undisputed, and but' one reasonable inference can be drawn from them, the question is one of law for the court and the case should be taken from the jury. Elliott’s Roads and Streets, p. 681; Cooley on Torts, p. 670; Hesser v. Grafton, 33 W. Va. 548, 11 S. E. 211; Gasset v. City of Fitchburg, 162 Mass. 321, 38 N. E. 499; Church v. Howard City, 111 Mich. 298, 69 N. W. 651; Diamond v.…
1Opinion of the Court
COX, J. —
Action for damages alleged to have been received by plaintiff by reason of a fall upon a cross walk across Lynn street on the west side of Boonville *675street in the city of Springfield. The evidence shows that this cross walk was constructed out of planks some twelve feet long, with cross pieces under the ends to which the planks had been nailed. That at the time of the accident, those cross pieces had rotted, the boards were then lying upon the ground and the ends, by the action of the sun, had cupped up, and that the plaintiff, in passing over this walk stepped near the end of one…
2Cases cited2 opinions
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Flanagan Mills & Elevator Co. v. George A. Adams Grain Co.Missouri Court of Appeals · 1906