Drimmel v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) Tlie court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence because there was no evidence that plaintiff fell on a public street. State v, Young, 27 Mo. 259; Ely v. St. Louis, 181 Mo. 723; Benton v. St. Louis, 217 Mo. 687; Milling Co. v. Riley, 133 Mo. 574; Hemphill v. More-head, 162 Mo. App. 566; Colton v. Kansas City, 162 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) Tlie court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence because there was no evidence that plaintiff fell on a public street. State v, Young, 27 Mo. 259; Ely v. St. Louis, 181 Mo. 723; Benton v. St. Louis, 217 Mo. 687; Milling Co. v. Riley, 133 Mo. 574; Hemphill v. More-head, 162 Mo. App. 566; Colton v. Kansas City, 162 Mo. App. 429. (2) The court erred in giving instruction 1 for plaintiff: (a) Because such instruction in respect to the place where plaintiff fell being a public…
1Opinion of the CourtTrimble, J.
A suit against the city for injuries sustained by a fall caused by a defective sidewalk. Plaintiff is a married woman, and, at the time of her fall, was living with her husband and family at 3817 State Line street in Kansas City, Missouri. The line between the states of Kansas and Missouri is in the middle of the street and from this fact comes the name *343State Line street. Plaintiff lived on the east or Missouri side of said street.
There is no dispute over the fact that plaintiff fell and was injured on a defective plank sidewalk.This sidewalk was in front of plaintiff’s residence. There was…
2Cases cited17 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
- Callaway v. Newman Mercantile Co.Supreme Court of Missouri · 1928
- Hayes v. Kansas CitySupreme Court of Missouri · 1922
- Lang v. J. C. Nichols Investment Co.Missouri Court of Appeals · 1933
- Evans v. AndresMissouri Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.