Legal Opinion

Smallwood v. City of Tipton

Missouri Court of Appeals

Decided November 4, 1895PublishedCited by 1 opinion

Appeal from the Moniteau Circuit Court. — Hon. JDoesex W. Shackleeoed, Judge. (1) The court erred in admitting evidence concerning the condition of the sidewalk at places other than that at which the plaintiff claimed to have been injured and at times subsequent-to the injury. Bowles v. Kansas City, 51 Mo. 416; Buggies v. Nevada, 63 Iowa, 185; Gooclson v. DesMoines, 23 N. ~W. Rep. 655; Armstrong v. Ackley, 32 N. W. Rep. 180; Ray on Neglect of Imp.

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Appeal from the Moniteau Circuit Court. — Hon. JDoesex W. Shackleeoed, Judge. (1) The court erred in admitting evidence concerning the condition of the sidewalk at places other than that at which the plaintiff claimed to have been injured and at times subsequent-to the injury. Bowles v. Kansas City, 51 Mo. 416; Buggies v. Nevada, 63 Iowa, 185; Gooclson v. DesMoines, 23 N. ~W. Rep. 655; Armstrong v. Ackley, 32 N. W. Rep. 180; Ray on Neglect of Imp. Duties, see. 192, p. 722; Elliot on Roads, 644; 2 Dillon on Mun. Corp., secs. 1015-1020; Craig v. Sedalia, 63 Mo. 417; Beaudeau v. Cape Girardeau,,…

1Opinion of the CourtGill, J.

This action is in two counts for personal injuries received by plaintiff while passing along the sidewalks of the defendant city. The first occurred in November, 1890, when plaintiff tripped and fell over a loose plank in the sidewalk on Morgan street, in front of a lot owned and occupied by one Hurst; and the other injury occurred in September, 1892, when plaintiff met with a similar misfortune on the same street, in *237front of one Howard’s property. The jury in the trial court returned a verdict for plaintiff on the first count in the sum of $750, and on the second count for $5, and defendant…

2Cases cited2 opinions

  1. Bowles v. Kansas CityMissouri Court of Appeals · 1892
  2. Riley v. Town of Iowa FallsSupreme Court of Iowa · 1891

3Cited by1 opinion

  1. Jegglin v. RoederMissouri Court of Appeals · 1899

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