Waters v. Kansas City
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) Instruction No. 5 is erroneous. First, there is no evidence upon which to predicate it — none whatever. The only evidence upon the cause of the fall is that of plaintiff, which is to the effect that she stepped off the sidewalk without knowing that the board was gone from the crossing. She was thereby hurled forward, stumbled against one of the crosspieces and was thrown down.
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Error to Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) Instruction No. 5 is erroneous. First, there is no evidence upon which to predicate it — none whatever. The only evidence upon the cause of the fall is that of plaintiff, which is to the effect that she stepped off the sidewalk without knowing that the board was gone from the crossing. She was thereby hurled forward, stumbled against one of the crosspieces and was thrown down. There is not a scintilla of evidence that she “was caused to slip and fall.” The only thing the snow had to do with the accident was that it covered up…
1Opinion of the CourtEllison, J.
This action is for personal injuries said to have been sustained by plaintiff by reason of defects in one of defendant’s sidewalks. The verdict and judgment in the trial court was for defendant.
The evidence was short and tended to show a defective street-crossing connecting the sidewalks, in that boards were out of it. It showed also that snow was on the ground, and at the time of the accident was still falling. The snow at least partially concealed the defect in the crossing. Plaintiff was traveling along the walk and in stepping off of the walk on to the crossing stepped into the vacant…
2Cases cited3 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Hull v. City of KansasSupreme Court of Missouri · 1874
- Yocum v. Town of TrentonMissouri Court of Appeals · 1886
3Cited by1 opinion
- Wren v. City of SeattleWashington Supreme Court · 1918