Ball v. City of Independence
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The undisputed evidence proved that the excavation was barricaded on Saturday night when the workmen quit work. This discharged the full duty of the city. It had a right to presume that the barriers would not be removed by a stranger on Sunday. This is a question of law upon facts which are undisputed, and from w'hich different inferences cannot be drawn.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The undisputed evidence proved that the excavation was barricaded on Saturday night when the workmen quit work. This discharged the full duty of the city. It had a right to presume that the barriers would not be removed by a stranger on Sunday. This is a question of law upon facts which are undisputed, and from w'hich different inferences cannot be drawn. There was no negligence and the defendant is not liable. The defendant’s first instruction should have been given and the case taken from the jury. Dooly v. Town of…
1Opinion of the CourtSmith, P. J.
This was a suit begun in the circuit court of Jackson county, by plaintiff against defendant to recover damages for personal injuries alleged to have been-sustained at the hour of ten o’clock on September 11, 1887, by falling into an excavation in one of the streets of defendant, which it had negligently permitted to remain open and unguarded at night. The answer was a general denial supplemented with the plea of contributory negligence. There was a trial, and judgment for the plaintiff, from which defendant has appealed.
I. The first ground of the defendant’s appeal is, that the circuit court…
2Cases cited14 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
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- State v. WalkerSupreme Court of Missouri · 1888
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