Fockler v. Kansas City
Missouri Court of Appeals
Appeal from Jacksou Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The court erred in modifying and giving in a modified form defendant’s instruction number five. The court inserted the words “and space” in the instruction, so, when given to the jury, it read: “Though if you further find that the sidewalk and space as a whole was left in a reasonably safe condition for travel over it,” etc.
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Appeal from Jacksou Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The court erred in modifying and giving in a modified form defendant’s instruction number five. The court inserted the words “and space” in the instruction, so, when given to the jury, it read: “Though if you further find that the sidewalk and space as a whole was left in a reasonably safe condition for travel over it,” etc. (2) Defendant asserts that this modification was error on the part of the court, for the reason that it imposes the duty to keep the park space between the sidewalk and curb in a reasonably safe…
1Opinion of the CourtBroaddus, J.
The plaintiff recovered judgment against the defendant city for $1,000 for injuries alleged to have been received by being thrown down by reason of an obstruction on one of its streets, from which judgment defendant appealed. It appears, without dispute, that at the point where the injury was received, on what is known as Troost avenue, there is a space left between the curbing of the street *467and the sidewalk, and that a pile of stones had been placed there some time before the accident. Thus far there is no conflict in the evidence. There was some evidence tending to show that these stones…
2Cases cited8 opinions
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Walker v. City of KansasSupreme Court of Missouri · 1889
- City of Wellington v. GregsonSupreme Court of Kansas · 1883
- Clark v. DassoMichigan Supreme Court · 1876
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Butler v. City of McMinnvilleOregon Supreme Court · 1928
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
11 more not listed; retrieve them via the Exa API.