Ballentine v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) Court erred in giving peremptory instruction asked by defendant, and in taking the case from the jury. Moore v. Transit Co., 194 Mo. 1. c. 9; Patton v. Bragg, 113 Mo. 1. c. 601; Bender v. Railroad, 137 Mo. 240. (2) Was the horse hitched? The evidence shows that he was and in a reasonably safe and prudent manner.
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Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) Court erred in giving peremptory instruction asked by defendant, and in taking the case from the jury. Moore v. Transit Co., 194 Mo. 1. c. 9; Patton v. Bragg, 113 Mo. 1. c. 601; Bender v. Railroad, 137 Mo. 240. (2) Was the horse hitched? The evidence shows that he was and in a reasonably safe and prudent manner. (1) The action of the court in giving the instruction asked by the defendant at the close of plaintiff’s evidence was proper. The evidence affirmatively showed that accident resulted from the carelessness of…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages against the city for an alleged failure to maintain one of its alleys in a reasonably safe condition for the use of the public, by reason of which the plaintiff’s property was injured. At the time of the injury complained of and for a long time prior thereto, the building known as Tullís Court stood upon .the north side of Eighth street, between Penn street and what was known as Jefferson street before it was vacated. A driveway or alley extends from Eighth street north on the east side of Tullís Court to the north side of said block, and then extends east and west…
2Cases cited3 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Hull v. City of KansasSupreme Court of Missouri · 1874
3Cited by5 opinions
- Chance v. City of St. JosephMissouri Court of Appeals · 1916
- Townsend v. City of JoplinMissouri Court of Appeals · 1909
- Turner v. Southwest Missouri RailroadMissouri Court of Appeals · 1909
- Pearce v. Kansas CityMissouri Court of Appeals · 1911
- Scott v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909