Gerber v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court . — Hon. J. II. Slover, Judge. (1) Plaintiff’s instructions 3 and 4 are erroneous, in that they declare as a matter of law that in this case a failure to erect barriers or signals was negligence. For this error this case should be reversed. Campbell v. Stanberry, 85 Mo. App. 159; Staples v. Trenton, 69 Mo. -592; Loewer v. Sedalia, 77 Mo. 445; Chicago v. Baker, 195 111. 54; O ’Malley v. Parsons Borough, 191 Pa.
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Appeal from Jackson Circuit Court . — Hon. J. II. Slover, Judge. (1) Plaintiff’s instructions 3 and 4 are erroneous, in that they declare as a matter of law that in this case a failure to erect barriers or signals was negligence. For this error this case should be reversed. Campbell v. Stanberry, 85 Mo. App. 159; Staples v. Trenton, 69 Mo. -592; Loewer v. Sedalia, 77 Mo. 445; Chicago v. Baker, 195 111. 54; O ’Malley v. Parsons Borough, 191 Pa. St. 612. (2) Before a failure to erect barriers or signals around a hole in a sidewalk is negligence as a matter of law, there must be some law or…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. The plaintiff had judgment in the court below and defendant appealed. The defendant assails the judgment on the ground that the petition fails to state facts sufficient to constitute a.cause of action. The negligence upon which plaintiff bases her right to recover is alleged in the fifth paragraph of that pleading in this way, viz.: ‘ ‘ defendant neglected its duty in this regard and negligently permitted said sidewalk . . ; to become and remain out…
2Cases cited5 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Camp v. Wabash RailroadMissouri Court of Appeals · 1902
- Staples v. Town of CantonSupreme Court of Missouri · 1879
- Skinner v. StifelMissouri Court of Appeals · 1893
- Campbell v. City of StanberryMissouri Court of Appeals · 1900
3Cited by2 opinions
- Hitt v. Kansas CityMissouri Court of Appeals · 1905
- Parkleton v. PugsleyMissouri Court of Appeals · 1904