Campbell v. City of Stanberry
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — No». Gallatin Craig, Judge. (1) The court erred in giving plaintiff’s instruction No. 1. First, because it is a comment on the evidence; second because it submits to the jury the question of negligence based solely upon the theory that the jury could find negligence on the part of defendant if it failed to protect the street by guard rails and by placing lights along the streets.
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Appeal from Gentry Circuit Court. — No». Gallatin Craig, Judge. (1) The court erred in giving plaintiff’s instruction No. 1. First, because it is a comment on the evidence; second because it submits to the jury the question of negligence based solely upon the theory that the jury could find negligence on the part of defendant if it failed to protect the street by guard rails and by placing lights along the streets. It was for the jury to determine whether there was negligence on the part of the city in failing to properly protect the ditch. Barr v. City of Kansas, 105 Mo. 550; St. L., K. & N.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by plaintiff against defendant, a city of the fourth class, to recover damages for injuries occasioned by negligence. The evidence tends to prove that at the time of the injury the defendant was putting in a system of waterworks and had dug a ditch along Sixth street in front of the grounds of the Normal school where plaintiff was then working, and had left it open and without guard rails or lights for about one month; that opposite the entrance of the Normal grounds a narrow path or passway had been left where the ground was unbroken; *61that on the night in…
2Cases cited10 opinions
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- State v. BrooksSupreme Court of Missouri · 1889
- Vogelgesang v. City of St. LouisSupreme Court of Missouri · 1897
- Morris v. Grand Avenue Railway Co.Supreme Court of Missouri · 1898
- Holding v. City of St. JosephMissouri Court of Appeals · 1902
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3Cited by1 opinion
- Day v. Emery, Bird, Thayer Dry Goods Co.Missouri Court of Appeals · 1905