Hinds v. City of Marshall
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. This is an action for damages for personal"- injuries received by plaintiff, Sarah Hinds, by falling into a ditch on one of the streets of the defendant, a municipal corporation. Suit was brought in the Saline circuit court. On a trial there had before a jury, the plaintiff was awarded one cent damages.
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Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. This is an action for damages for personal"- injuries received by plaintiff, Sarah Hinds, by falling into a ditch on one of the streets of the defendant, a municipal corporation. Suit was brought in the Saline circuit court. On a trial there had before a jury, the plaintiff was awarded one cent damages. The court granted a new trial; and, on application of plaintiff, a change of venue was awarded to the Lafayette circuit court, where the plaintiff recovered judgment for the sum of fifteen…
1Opinion of the CourtPhilips, P. J.
The only questions, important to be-considered on this record, are as to the action of the trial court in giving and refusing instructions. Appellant complains of the refusal to give the following instruction :
“If the jury believe from the evidence that Charles Baldwin was street commissioner of the city of Marshall at the time the ditch in question was dug, and that, as-such officer, he planned said ditch and superintended the digging of said ditch, and that said ditch was dug according to the plans made by him, then the finding must be' for the' defendant, unless the jury believe from the…
2Cases cited11 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Chicago v. SebenIllinois Supreme Court · 1897
- Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
- Golden v. City of ClintonMissouri Court of Appeals · 1893
10 more not listed; retrieve them via the Exa API.