Phelps v. City of Salisbury
Supreme Court of Missouri
Appeal from Chariton Circuit Court.- — Hon. O. F. Smith, Special Judge. (1) Instruction one given in behalf of respondent, does not truly declare the issues, and is .erroneous and misleading. Young v. Ridenbaugh, 61 Mo, 574. It assumes to declare the issues that are presented to the jury.
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Appeal from Chariton Circuit Court.- — Hon. O. F. Smith, Special Judge. (1) Instruction one given in behalf of respondent, does not truly declare the issues, and is .erroneous and misleading. Young v. Ridenbaugh, 61 Mo, 574. It assumes to declare the issues that are presented to the jury. It declares that plaintiff seeks to recover damages for injury received on account of the dangerous condition of sidewalk and its crossing over the Wabash railroad, and in consequence of its failure to “maintain railings along the sides of said crossing,...... which it -was the duty” of the said defendant…
1Opinion of the Court
BUBGESS, JV
This is an action against defendant city to recover damages for personal injuries sustained by plaintiff while walking along and upon one of its sidewalks.
It is predicated upon defendant’s alleged negligence in carelessly and negligently constructing that part of the sidewalk where the same is crossed by the Salisbury & Glasgow branch of the Wabash railroad, in this, that it failed to erect and maintain guards or railings on and along the sides of tha same where it passes down an embankment and over a ditch, of the depth of four feet, on the side of said branch railroad. And that…
2Cases cited7 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
- Bertram v. Peoples Railway Co.Supreme Court of Missouri · 1900
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3Cited by23 opinions
- Millhouser v. Kansas City Public Service Co.Supreme Court of Missouri · 1932
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- State v. MyersSupreme Court of Missouri · 1906
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