Gallagher v. City of Tipton
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge.' (1) Instruction numbered two is palpably erroneous. The instruction is further erroneous and more glaringly so, because it advised the jury that a railing or other guard on the crossing was necessary. (2) Instruction numbered one, is likewise susceptible to just criticism. It begins by saying that certain facts are uncontradicted.
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Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge.' (1) Instruction numbered two is palpably erroneous. The instruction is further erroneous and more glaringly so, because it advised the jury that a railing or other guard on the crossing was necessary. (2) Instruction numbered one, is likewise susceptible to just criticism. It begins by saying that certain facts are uncontradicted. (1) The court would have been justified in assuming that respondent received her injury in the manner charged as there was no evidence to the contrary. Campbell v. Stanberry, 105 M'o. App. 56. (2)…
1Opinion of the CourtEllison, J.
This action is for personal injuries received by plaintiff which she alleges was through the negligence of defendant in failing to keep one of its streets in repair. The judgment was for the plaintiff in the trial court.
The defendant is a city of the fourth class and maintained its streets by excavating gutters or drains on the sides of the roadway and elevating the roadway *559in the center and by constructing sidewalks near the lines of the streets. To connect these walks crossings were put in at street intersections. At the place where plaintiff was injured the gutter was shown to be somewhere…
2Cases cited7 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Brown v. Cape Girardeau Macadamized & Plank Road Co.Supreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boyd v. Kansas CitySupreme Court of Missouri · 1922
- Lewis v. City of TulsaSupreme Court of Oklahoma · 1936
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
- Hays v. City of ColumbiaMissouri Court of Appeals · 1911
- Quest v. Town of UptonWyoming Supreme Court · 1927
11 more not listed; retrieve them via the Exa API.