Keithley v. City of Independence
Missouri Court of Appeals
Appeal from Jackson Oircnit Court. — Hon. Andrew F. Evans, Judge. (1) The court should have given defendants’ instruction, in the nature of a demurrer to the evidence. The testimony in this case shows such negligence on the part of the plaintiff!, as to preclude a recovery. Giardina v. Railroad, 185 M'o. 330; Davies v. Railroad, 159 Mo. 1; Fellenz v. Railroad, 106 Mo.
Read the full summary
Appeal from Jackson Oircnit Court. — Hon. Andrew F. Evans, Judge. (1) The court should have given defendants’ instruction, in the nature of a demurrer to the evidence. The testimony in this case shows such negligence on the part of the plaintiff!, as to preclude a recovery. Giardina v. Railroad, 185 M'o. 330; Davies v. Railroad, 159 Mo. 1; Fellenz v. Railroad, 106 Mo. App. 154. (2) The liability, if any, in this case is that of H. H. Wait and the Wait Plumbing Company, and after they had been made parties defendant, it was error to allow plaintiff to dismiss as to them. (3) The work in Maple…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit against the city is for damages alleged as the result of its negligence in failing to keep its streets in a reasonably safe condition for travel.
The injury occurred near the intersection of Maple avenue and Spring street. At about six o’clock on November 25, 1903, plaintiff drove into a trench that had been dug along the west side of Spring street partly across Maple avenue, which caused her to be thrown from her buggy and whereby she was injured. The Methodist Church building is located at the northwest corner of the two streets. The church people had employed the Wait…
2Cases cited1 opinion
- Jackson v. Kansas CityMissouri Court of Appeals · 1904
3Cited by4 opinions
- Fronk v. FronkMissouri Court of Appeals · 1911
- Haggard v. WalkerMissouri Court of Appeals · 1908
- Thompson v. City of IndependenceMissouri Court of Appeals · 1908
- Ripley v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908