Freeman v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) Defendant Telephone Company could not be held liable in the absence of proof of actual knowledge that the light wire had been erected; therefore the demurrers to the petition and to the evidence should have been sustained. The first instruction given at plaintiff’s request was erroneous; and the. 4th, 13th, 14th, and 20’th instructions requested by defendant Telephone Company should have been given.
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Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) Defendant Telephone Company could not be held liable in the absence of proof of actual knowledge that the light wire had been erected; therefore the demurrers to the petition and to the evidence should have been sustained. The first instruction given at plaintiff’s request was erroneous; and the. 4th, 13th, 14th, and 20’th instructions requested by defendant Telephone Company should have been given. The guy wire was not a service wire used in the transmission of messages, and therefore no defect in it would be shown by an…
1Opinion of the Court
JOHNSON, J. —
This is an action for damages for personal injuries alleged to have been caused by negligence of the defendants. A trial in the circuit court resulted in a verdict for plaintiff and against both defendants in the sum of fifteen thousand dollars. On the hearing of the motions for a new trial and in arrest of judgment, separately filed by each defendant, the court ordered plaintiff to enter a remittitur of seven thousand five hundred dollars and all accrued interest as a condition upon which the motions would be overruled. Plaintiff complied with this order, the motions were…
2Cases cited12 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- McKay & Roche v. Southern Bell Telephone Co.Supreme Court of Alabama · 1895
- Electric Railway Co. v. SheltonTennessee Supreme Court · 1890
- Brubaker v. Kansas City Electric Light Co.Missouri Court of Appeals · 1908
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3Cited by4 opinions
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
- Southwestern Telegraph & Telephone Co. v. ShirleyCourt of Appeals of Texas · 1913
- Williams v. City of FultonMissouri Court of Appeals · 1914
- Wilhite v. City of HuntsvilleMissouri Court of Appeals · 1912