James v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) This statutory provision is not only in derogation of the common law, but its tendency is also to suppress the best evidence on the subject to which it relates. Hence the statute should be strictly construed, and the burden is on the objector to show that all the elements of exclusion exist. Linz v. Ins. Co., 8 Mo. App. 363; Gartside v. Ins.. Co., 8 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) This statutory provision is not only in derogation of the common law, but its tendency is also to suppress the best evidence on the subject to which it relates. Hence the statute should be strictly construed, and the burden is on the objector to show that all the elements of exclusion exist. Linz v. Ins. Co., 8 Mo. App. 363; Gartside v. Ins.. Co., 8 Mo. App. 592; Weitz v. Bailwav, 53 Mo.' App. 39; Bowles v. Kansas City, 51 Mo. App. 416; Henry v. Bailroad, 10 N. Y. Sup. 508; Kendall v. Gray, 2 Hilt, 306; Campan v. Tuttle,…
1Opinion of the CourtSmith, P. J.
— Action to recover damages for personal injuries.
It was alleged in the plaintiffs petition that during the night of March 28, 1897, she was walking upon the sidewalk of one of the streets in defendant city, and when, she had reached a designated point thereon that on account of the defective and dangerous condition thereof one of the boards therein flew up as she stepped upon it, causing her to be tripped up and thrown violently against said board and into a hole in said sidewalk, in consequence of which she received serious injuries — specifying them. The answer was a general denial…
2Cases cited5 opinions
- State v. SmithSupreme Court of Missouri · 1893
- Beck v. DowellSupreme Court of Missouri · 1892
- Englehart-Davidson Mercantile Co. v. Burrell SistersMissouri Court of Appeals · 1896
- State v. HayesMissouri Court of Appeals · 1883
- Timmermeier v. WolfMissouri Court of Appeals · 1897
3Cited by3 opinions
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Estes v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- State v. O'KelleyMissouri Court of Appeals · 1906