Thompson v. City of Independence
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Noil Walter A. Powell, Judge. (1) Tlie court should have directed a verdict for defendant because of absolute failure of proof that defendant had notice of the defect in time to have repaired it before the accident occurred. Ball v. Neosho, 109 Mo. App. 683; Drake v. City, 190 Mo. 370; Fehlhaner v. City, 178 M'o. 635; Badgley v. St. Louis, 149 Mo. 133; Gerber v. Kansas City, 105 Mo.
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Appeal from Jackson Circuit Court. — Noil Walter A. Powell, Judge. (1) Tlie court should have directed a verdict for defendant because of absolute failure of proof that defendant had notice of the defect in time to have repaired it before the accident occurred. Ball v. Neosho, 109 Mo. App. 683; Drake v. City, 190 Mo. 370; Fehlhaner v. City, 178 M'o. 635; Badgley v. St. Louis, 149 Mo. 133; Gerber v. Kansas City, 105 Mo. App. 191; Bonine v. City, 75 Mo. 437. (2) The court committed error in giving plaintiff’s instruction numbered 1. See authorities under point I. (3) The court committed error…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for personal injury received on one of defendant’s streets. The case was here on a former appeal and may be found reported in 120 Mo. App. 255, where a statement of the facts may be had. The case was remanded for a new trial. In the meantime plaintiff was married to Thompson. She again recovered judgment and defendant again appeals.
After having examined the record we fail to find any substantial ground upon which to put the present appeal. The evidence shows beyond question that the city had notice of the defect sufficient in time to have enabled…
2Cases cited2 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Keithley v. City of IndependenceMissouri Court of Appeals · 1906
3Cited by1 opinion
- Hales v. RainesMissouri Court of Appeals · 1910