Burton v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». Kimbrough Stone, Judge. (1) The court committed reversible error in admitting evidence of absence of warning lights and barriers on nights other than and remote from the-time in question. Schlinski v. St. Joseph, 156 S. W.. 823; Mehan v. St. Louis, 217 Mo. 35; Bailey v. Kansas; City, 189 Mo. 511; Goble v. Kansas City, 148 Mo. 475 ;; Caleaterra v. Iovaldi, 123 M'o. App. 352; Horr v. Railway Co., 156 Mo.
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Appeal from Jackson Circuit Court. — Ho». Kimbrough Stone, Judge. (1) The court committed reversible error in admitting evidence of absence of warning lights and barriers on nights other than and remote from the-time in question. Schlinski v. St. Joseph, 156 S. W.. 823; Mehan v. St. Louis, 217 Mo. 35; Bailey v. Kansas; City, 189 Mo. 511; Goble v. Kansas City, 148 Mo. 475 ;; Caleaterra v. Iovaldi, 123 M'o. App. 352; Horr v. Railway Co., 156 Mo. App. 654; Smart v. Kansas City, 91 Mo. App. 586. (2) The court committed reversible error in admitting evidence of the condition of the street at…
1Opinion of the CourtTrimble, J.
Plaintiff sued for damages sustained in the death of her husband which she alleges was caused by the negligence of the city in failing to guard or light an unsafe place in the street into which the wheel of the wagon deceased was driving dropped, throwing him out and killing him. The answer was a general denial with a plea of contributory negligence growing out of the alleged lack of ordinary care on the part of the deceased, and in Ms driving on the left hand side of the street in violation of a city ordinance regulating travel. Prom a verdict for plaintiff defendant appeals.
Defendant’s main…
2Cases cited16 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929
- Lockhart v. Kansas CitySupreme Court of Missouri · 1943
- State Ex Rel. Biggs v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1917
- Stewart v. the City of Idaho FallsIdaho Supreme Court · 1940
- Scharbauer v. Lampasas CountyTexas Commission of Appeals · 1921
1 more not listed; retrieve them via the Exa API.