Ballard v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John G-. Park, Judge. . The court helow erred in giving instructions 2P. and 3P, asked by plaintiff because such instructions did not inform the jury that defendant was entitled to a reasonable opportunity after knowledge of the defect and before the injury to plaintiff in which to repair the sidewalk.' Eichardson v. M’arceline, 73 Mo.
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Appeal from Jackson Circuit Court. — Eon. John G-. Park, Judge. . The court helow erred in giving instructions 2P. and 3P, asked by plaintiff because such instructions did not inform the jury that defendant was entitled to a reasonable opportunity after knowledge of the defect and before the injury to plaintiff in which to repair the sidewalk.' Eichardson v. M’arceline, 73 Mo. App. 360; Maus v. Springfield, 101 Mo. 693; Badgley v. St. Louis, 149 Mo. 122; Ball v. Neosho, 109 Mo. App, 683. Instructions 2P and 3P, complained of, were each before this court before and were held good, and it is a…
1Opinion of the CourtJohnson, J.
This cause was here on a former appeal taken by defendant and was reversed and remanded for error in the instructions (Ballard v. Kansas City, 110 Mo. App. 391). On a retrial, plaintiff again *542prevailed and defendant again appealed. Plaintiff claims she was injured by tripping over a loose board in a sidewalk maintained by defendant on one of its public thoroughfares and that defendant negligently permitted the defect to remain after it should have been repaired had reasonable care been exercised. Her witnesses testify that the board had become detached as the result of natural decay and…
2Cases cited8 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Young v. City of Webb CitySupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
- Moses v. Independence, Mo. K.C. Pub. Serv. Co.Missouri Court of Appeals · 1945
- Kingsley v. Kansas CityMissouri Court of Appeals · 1912
- Drimmel v. Kansas CityMissouri Court of Appeals · 1914
- Wilson v. City of St. JosephMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.