Ryan v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». John G. Park, Judge. (1) The plaintiff was not required to look for an excavation in the sidewalk. It was the duty of the defendants to keep such an excavation properly guarded ,and lighted. Plaintiff had the right to presume that the .sidewalk was in a reasonably safe condition for use.
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Appeal from Jackson Circuit Court. — No». John G. Park, Judge. (1) The plaintiff was not required to look for an excavation in the sidewalk. It was the duty of the defendants to keep such an excavation properly guarded ,and lighted. Plaintiff had the right to presume that the .sidewalk was in a reasonably safe condition for use. Perrette v. Kansas City, 162 Mo. 238; Holloway v. Kansas City, 184 Mo. 29; Roe v. Kansas City, 100 Mo. 190; Drake v. Kansas City, 190 Mo. 385. (2) It is not claimed that the plaintiff had any knowledge of the excavation in the sidewalk and the defendants concede that…
1Opinion of the Court
*474IN DIVISION ONE.
GRAVES, J.
Plaintiff sues for personal injuries in the sum of ten thousand dollars. Verdict haying been returned against her by a jury in the court below, she has appealed to this court. Complaint is. chiefly lodged against some of the instructions given for the defendant. In fact, the assignments of error go to the giving of six instructions nisi for defendants, and the overruling of the motion for new trial. The motion for new trial preserved these matters raised in the assignment of errors. This assignment requires, however, an outline of the pleadings and proof. As to the…
2Cases cited9 opinions
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
- Edmondson v. Hotels Statler Co.Supreme Court of Missouri · 1924
- Bean v. City of MoberlySupreme Court of Missouri · 1943
32 more not listed; retrieve them via the Exa API.