Legal Opinion

Loftis v. Kansas City

Missouri Court of Appeals

Decided May 29, 1911PublishedCited by 2 opinions

Appeal from Jackson Circuit Court—Hon. Herman Brumback, Judge. (1) The court erred in not sustaining the demurrer of defendant to the evidence. Wheat v. St. Louis, 179 Mo. 572; Colin v. Kansas City, 108 Mo. 387; Kaiser v. St. Louis, 185 Mo.-366; Woodson v. Metropolitan, 224 Mo. 685; Knight v. Baltimore, 97 Md. 647; King v. Cohn, 125 Mich. 511; Casey v. Malden, 163 Mass. 507. (2) The court erred in refusing instruction É asked by defendant.

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Appeal from Jackson Circuit Court—Hon. Herman Brumback, Judge. (1) The court erred in not sustaining the demurrer of defendant to the evidence. Wheat v. St. Louis, 179 Mo. 572; Colin v. Kansas City, 108 Mo. 387; Kaiser v. St. Louis, 185 Mo.-366; Woodson v. Metropolitan, 224 Mo. 685; Knight v. Baltimore, 97 Md. 647; King v. Cohn, 125 Mich. 511; Casey v. Malden, 163 Mass. 507. (2) The court erred in refusing instruction É asked by defendant. Coffee v. Carthage, 186 Mo. 573; Jackson v. Kansas City, 106 Mo. App. 52; Woodson v. Eailroad, 224 Mo. 685; John v. Ottumwa, 60 la. 429; Eyan v. Kansas…

1Opinion of the CourtEllison, J.

Plaintiff claimed to have been injured on one of defendant’s board sidewalks, in a public street, which she charged was negligently permitted to become -and remain in a dilapidated and dangerous condition. She recovered judgment in the trial court for $3000.

The evidence showed that plaintiff fell over a loose and decayed board in the sidewalk at about noonday. *685She had not been over the walk before and on this occasion she was preceded a few feet by her son, a lad of abont fifteen years. He saw that the boards were loose from the stringers—some at one and others at both ends, and he turned and…

2Cases cited10 opinions

  1. Barr v. City of KansasSupreme Court of Missouri · 1891
  2. Wheat v. City of St. LouisSupreme Court of Missouri · 1904
  3. Coffey v. City of CarthageSupreme Court of Missouri · 1905
  4. Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
  5. Chilton v. City of St. JosephSupreme Court of Missouri · 1898

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3Cited by2 opinions

  1. Rhea v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
  2. Francis v. City of West PlainsMissouri Court of Appeals · 1919

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