Nelson v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. Tlie court erred in refusing to give the peremptory instruction asked by defendant Kansas City at the close of plaintiff’s case and again at the close of the entire case. Hays v. Columbia, 141 S. W. 3; Gallagher v. Tipton, 133 Mo. App. 557; Ely v. St. Louis, 181 Mo. 729; Shippey v. Au Sable, 32 N. W. 741; Urquhart v. Ogdensburg, 91 N. Y. 67; Conlon v. St. Paul, 72 N. W. 1073; Young, v. Railroad, 93 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. Tlie court erred in refusing to give the peremptory instruction asked by defendant Kansas City at the close of plaintiff’s case and again at the close of the entire case. Hays v. Columbia, 141 S. W. 3; Gallagher v. Tipton, 133 Mo. App. 557; Ely v. St. Louis, 181 Mo. 729; Shippey v. Au Sable, 32 N. W. 741; Urquhart v. Ogdensburg, 91 N. Y. 67; Conlon v. St. Paul, 72 N. W. 1073; Young, v. Railroad, 93 Mo. App. 267. (1) The defendant city, haying undertaken the work of constructing’ the catch basin, was liable for negligence in…
1Opinion of the Court
JOHNSON, J. —
Plaintiff sued to recover damages for personal injuries sustained by falling on one of the public streets of Kansas City. The injury occurred December 3, 1910, at ten o’clock p. m. at the intersection of Fourteenth and Locust streets. The petition alleges that defendant “carelessly and negligently permitted a depression and excavation to be and remain in said public streets, at a point on said streets near the northeast corner of the intersection of the streets aforesaid and in the line of travel of per*544sons going along tlie sidewalk on tlie north side of Fourteenth street and…
2Cases cited2 opinions
- Gallagher v. City of TiptonMissouri Court of Appeals · 1908
- Hays v. City of ColumbiaMissouri Court of Appeals · 1911
3Cited by6 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Paul v. FaricySupreme Court of Minnesota · 1949
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
- Berry v. City of SedaliaCourt of Appeals of Kansas · 1919
- Trippensee v. City of JeffersonMissouri Court of Appeals · 1913
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