Bagby Ex Rel. Bagby v. Kansas City

Max O. Bagby, a minor, obtained a judgment in the sum of $20,000 against Kansas City, Missouri, a Municipal Corporation. From this judgment the city appealed. Respondent was injured while he and other boys were playing on the side of a rock cliff in Spring Valley Park, which park was maintained by the city. A rock, weighing about one hundred and fifty pounds, became loosened and rolled down the cliff striking respondent and crushing his arm to such an extent that amputation became necessary. The case was submitted to a jury upon two allegations of negligence. By Instruction 1 the case was…