Walker v. City of Kansas
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. T. A. Gtll, Judge. (1) The evidence showed that the bridge from which the respondent fell was only partially defective; that the entire structure was in a good and safe condition, except the west side thereof. On this evidence the appellant asked the court to instruct the jury in the words of the declaration of íaw heretofore sanctioned and approved by this court, instruction number 1 of appellant, which was refused.
Read the full summary
Appeal from Jaclcson Circuit Court. — Hon. T. A. Gtll, Judge. (1) The evidence showed that the bridge from which the respondent fell was only partially defective; that the entire structure was in a good and safe condition, except the west side thereof. On this evidence the appellant asked the court to instruct the jury in the words of the declaration of íaw heretofore sanctioned and approved by this court, instruction number 1 of appellant, which was refused. The judgment of the lower court must be reversed. Tritz v. City of Kansas, 84 Mo. 632, 642. (2) The second instruction given in behalf…
1Opinion of the CourtBrace, J.
The plaintiff recovered judgment in the circuit court for five thousand dollars damages for injuries received by him by a fall from a bridge across a ravine in Flora avenue in Kansas City. The only errors assigned are the refusal of the court to give instruction number 1, for the appellant, and the giving of instruction number 2, for the respondent.
The appellant offered the following instruction, which was refused: “1. You are instructed that negligence is the omission to discharge a duty, and you are instructed that it was not necessarily the duty of the defendant to keep both sides of said…
2Cases cited9 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
20 more not listed; retrieve them via the Exa API.