Legal Opinion

Elliott v. Kansas City

Supreme Court of Missouri

Decided October 17, 1906PublishedCited by 20 opinions

Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) Plaintiff’s instructions 1 and 2 are not supported by the evidence. They assume as a fact proven a fact which is in controversy, and are erroneous. Thompson v. Botts, 8 Mo. 710; Comer v. Taylor, 82 Mo. 347; Siegrist v. Arnot, 10 Mo. App. 209; Dowling v. Allen & Co., 88 Mo. 296; Bank of North America v. Crandall, 87 Mo. 212; Kenney v. Railroad, 74 Mo.

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Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) Plaintiff’s instructions 1 and 2 are not supported by the evidence. They assume as a fact proven a fact which is in controversy, and are erroneous. Thompson v. Botts, 8 Mo. 710; Comer v. Taylor, 82 Mo. 347; Siegrist v. Arnot, 10 Mo. App. 209; Dowling v. Allen & Co., 88 Mo. 296; Bank of North America v. Crandall, 87 Mo. 212; Kenney v. Railroad, 74 Mo. App. 310. It is error to give ambiguous, misleading, conflicting, confusing, or unintelligible instructions. Klamp v. Rodewall, 19 Mo. 450; Frank v. Eailroad, 57 Mo. App. 181;…

1Opinion of the CourtFox, J.

This cause-is here upon appeal by the defendant from a judgment of the Lafayette Circuit Court for the sum of $8,000. This is an action fon $25,-000 damages by respondent against the appellant for personal injuries alleged to have been sustained by her by reason of stepping into a hole in one of the sidewalks in said city. The defense was a general denial and contributory negligence. Two trials of this case were had in Kansas City, at the first of which the jury disagreed, and at the second plaintiff recovered a verdict of $500. The case was before Division No. 2, at the April Term, 1903, of…

2Cases cited10 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
  3. Renihan v. . DenninNew York Court of Appeals · 1886
  4. Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
  5. Shortel v. City of St. JosephSupreme Court of Missouri · 1891

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3Cited by20 opinions

  1. State Ex Rel. McNutt v. KeetSupreme Court of Missouri · 1968
  2. Hamilton, Superintendent v. VerdowCourt of Appeals of Maryland · 1980
  3. Brandt v. Medical Defense AssociatesSupreme Court of Missouri · 1993
  4. Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
  5. Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915

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