Canterbury v. Kansas City
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Hon. Thomas F. Reynolds, Special Judge. (1) The facts as proven in this case render defendant liable. The identical proposition as to pleading, evidence and instructions, has been established by the supreme court. Reno v. St. Joseph, 169 M'o. 642; Peters v. St. Joseph, 117 Mo. App. 449. (2) The granting of a new trial to defendant on the ground set forth was unwarranted and arbitrary in the extreme.
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Appeal from. Jackson Circuit Court. — Hon. Thomas F. Reynolds, Special Judge. (1) The facts as proven in this case render defendant liable. The identical proposition as to pleading, evidence and instructions, has been established by the supreme court. Reno v. St. Joseph, 169 M'o. 642; Peters v. St. Joseph, 117 Mo. App. 449. (2) The granting of a new trial to defendant on the ground set forth was unwarranted and arbitrary in the extreme. To justify it there must have been a glaring deficiency of evidence. The evidence was almost unanimous in favor of plaintiff. Campbell v. Hood, 6 Mo. 611. (3)…
1Opinion of the CourtEllison, J.
This action is for damages to plaintiff on account of personal injuries suffered by his wife in falling on one of defendant’s sidewalks. There was a verdict for the plaintiff in the trial court. Afterwards defendant "filed a motion for new trial which the court sustained, on the ground that “the verdict was against the Aveight of the evidence as to the obstructions of the sidewalk; and as to contributory negligence of plaintiff’s wife.” Whereupon the plaintiff appealed from such order.
It seems that plaintiff’s wife, herself, brought an action against the defendant city for damages alleged *4to…
2Cases cited3 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Crow v. CrowMissouri Court of Appeals · 1907
- Karnes v. WinnMissouri Court of Appeals · 1907
3Cited by7 opinions
- Lansburgh & Bro. v. ClarkCourt of Appeals for the D.C. Circuit · 1942
- Elmore v. Illinois Terminal Railroad CompanyMissouri Court of Appeals · 1957
- Canterbury v. Kansas CityMissouri Court of Appeals · 1910
- Clarkson v. GarveyMissouri Court of Appeals · 1913
- Jiner v. JinerMissouri Court of Appeals · 1914
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