Hemphill v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, because in fixing the defendant’s liability on implied notice it states the time when notice begins to run as “the time said sidewalks became defective.” Notice begins to run when the dangerous defect causing the accident begins to exist — not from the time some defect begins to exist in the walk. Such is the manifest meaning of the rule.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, because in fixing the defendant’s liability on implied notice it states the time when notice begins to run as “the time said sidewalks became defective.” Notice begins to run when the dangerous defect causing the accident begins to exist — not from the time some defect begins to exist in the walk. Such is the manifest meaning of the rule. Badgeley v. St. Louis, 149 Mo. 133; Carvin v. St. Louis, 151 Mo. 334; Baustian v. Young, 152 Mo. 326. (2) The same error is carried into…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries.
The petition, amongst others, contained the following paragraph, that is to say: “That plaintiff on or about July 4th, 1901, and at about 9:30 p. m. of said day, while walking south and along and upon said sidewalk at or near said numbers 1739 and 1741 Holly street, and on which the boards were loose and rotten and the stringers in a loose condition, and in which and at which point there were holes and openings as aforesaid, and while the plaintiff was in the exercise of ordinary care and caution and without said plaintiff having any knowledge…
2Cases cited2 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Perrette v. Kansas CitySupreme Court of Missouri · 1901
3Cited by3 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Hach v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1906
- Halloran v. Pullman Co.Missouri Court of Appeals · 1910