Bailey v. Kansas City
Supreme Court of Missouri
Appeal from Clay Circuit Court . — Eon. J. W. Alexander, Judge. The court erred in permitting plaintiff, over defendant’s objection, to introduce evidence showing that two or three days subsequent to the accident the defendant caused the walk to be torn away and replaced with a new one.
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Appeal from Clay Circuit Court . — Eon. J. W. Alexander, Judge. The court erred in permitting plaintiff, over defendant’s objection, to introduce evidence showing that two or three days subsequent to the accident the defendant caused the walk to be torn away and replaced with a new one. Such evidence was extremely prejudicial and damaging to the defendant, in view of the fact that the strongly contested question in this case was as to the defendant’s negligence in maintaining the walk. A refusal by the court to give defendant’s instruction directing the jury not to consider such evidence in…
1Opinion of the CourtLamm, J.
Suit for personal injuries based on alleged negligence of appellant in permitting a defective sidewalk along one of its public streets. Judgment, March 3, 1903, for $6,300, from which appellant in due form appeals.
Mrs. Bailey, a widow of 58 years of age, on the tenth day of January, 1898, was walking north at 4 p. m. on the east side of Vine, close to Twelfth street, in company with a Mrs. Ramp, in Kansas City, on a sidewalk built of pine planks athwart pine stringers. Mrs. Bailey was carrying home sundry purchases, to-wit, a quart of milk, some “cottosuet” and wrapped up parcels of “brick…
2Cases cited2 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Inhabitants of Butler v. RobinsonSupreme Court of Missouri · 1881
3Cited by40 opinions
- Detling v. EdelbrockSupreme Court of Missouri · 1984
- Hungate v. HudsonSupreme Court of Missouri · 1945
- Elsea v. SmithSupreme Court of Missouri · 1918
- Consumer Contact Co. v. State Department of RevenueSupreme Court of Missouri · 1980
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
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