Smart v. Kansas City
Missouri Court of Appeals
Appeal from Jaekson Circuit Court. — Hon. H. P. Oates, Judge. (1) Defendant’s refused instructions, Nos. 11 and 14, ought to have been given, and all the instructions given on behalf of plaintiff, which permitted the jury to allow her damages for the loss of her limb, ought to have been refused.
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Appeal from Jaekson Circuit Court. — Hon. H. P. Oates, Judge. (1) Defendant’s refused instructions, Nos. 11 and 14, ought to have been given, and all the instructions given on behalf of plaintiff, which permitted the jury to allow her damages for the loss of her limb, ought to have been refused. Cotton v. Wood, 8 O. B. (N. S.) 568; Bond v. Smith, 113 N. T. 378; Pauley v. Steam Gauge Go., 131 N. Y. 90; Linkhauf v. Lombard, 131 N. Y. 417; Laidlaw v. Sage, 158 N. Y. 73; Searles v. Railroad, 101 N. Y. 662; Smith v. Bank, 99 Mass. 605; Reed v. Railroad, 50 Mo. App. 504; Smillie v. Dollar Store, 47…
1Opinion of the CourtEllison, J.
— This action is for personal injury, caused to plaintiff by reason of her falling on one of defendant’s sidewalks. The cause of the fall is alleged to be a defective iron covering to an opening made in the sidewalk for the purpose of getting coal into the basement of an abutting building, whereby she stumbled and fell. The particular injury claimed as a result of the fall was a fracture of the right knee which resulted in the amputation of her leg about seven weeks thereafter. The judgment in the trial court was for plaintiff.
I. It is contended by defendant’s counsel that there was no…
2Cases cited21 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- People v. . KoernerNew York Court of Appeals · 1897
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Baustian v. YoungSupreme Court of Missouri · 1899
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3Cited by29 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Hamilton v. Patton Creamery Co.Supreme Court of Missouri · 1949
24 more not listed; retrieve them via the Exa API.