Barnes v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) Defendant is entitled to a new trial by reason of the misconduct of plaintiff’s counsel in his argument to the jury. Norton v. Railway, 40 Mo. App. 647; McDonald & Co. v. Cash & Hainds, 45 Mo. App. 79; Haynes v. Trenton, 108 Mo. 133; Ritter v. Bank, 87 Mo. 576; Marble v. Walters, 19 Mo. App. 134; Gibson v. Ziebig, 24 Mo.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) Defendant is entitled to a new trial by reason of the misconduct of plaintiff’s counsel in his argument to the jury. Norton v. Railway, 40 Mo. App. 647; McDonald & Co. v. Cash & Hainds, 45 Mo. App. 79; Haynes v. Trenton, 108 Mo. 133; Ritter v. Bank, 87 Mo. 576; Marble v. Walters, 19 Mo. App. 134; Gibson v. Ziebig, 24 Mo. App. 67. (2) The physician who testified on behalf of plaintiff, wilfully misrepresented the physical condition of the plaintiff as the result of the fall complained of, and the defendant is entitled to a…
1Opinion of the Court
BROADDUS, J. —
This suit is to recover damages for personal injuries plaintiff claims to have sustained by reason of the unsafe condition of one of the city’s streets.
The place of injury was on what was known as Highly Street where it intersects with an alley. From the end of the sidewalk the crossing over the alley had not been improved by pavement or otherwise. A part of the soil had washed out which left the surface in a slanting condition from seven to fifteen inches lower than the end of the sidewalk. The evidence went to show that in rainy weather one stepping from the sidewalk down into…
2Cases cited6 opinions
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Sone ex rel. Road District No. 11 v. WallendorpSupreme Court of Missouri · 1905
- Missouri Pacific Railway Co. v. WilsonMissouri Court of Appeals · 1891
- Norton v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. Louis Housing Authority v. BarnesSupreme Court of Missouri · 1964
- Polizzi v. NedrowSupreme Court of Missouri · 1952
- City of Springfield v. Thompson Sales Co.Supreme Court of Missouri · 2002
- Barnes v. City of St. JosephMissouri Court of Appeals · 1910
- Whelan v. United Zinc & Chemical Co.Missouri Court of Appeals · 1915