King v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Evidence of otlier accidents from the same cause is not admissible in a suit against the city for damages on account of an alleged defect in a sidewalk. Groble v. Kansas City, 148 Mo. 475; Smart v. Kansas City, 91 Mo. App. 594; Edwards v. Paving Co., 92 Mo. App. 226; Stout v. Columbia, 118 Mo. App. 444; Calcaterra v. Iovaldi, 123 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Evidence of otlier accidents from the same cause is not admissible in a suit against the city for damages on account of an alleged defect in a sidewalk. Groble v. Kansas City, 148 Mo. 475; Smart v. Kansas City, 91 Mo. App. 594; Edwards v. Paving Co., 92 Mo. App. 226; Stout v. Columbia, 118 Mo. App. 444; Calcaterra v. Iovaldi, 123 Mo. App. 352. (2) The withdrawal of evidence produced by plaintiff after tbe jury bas beard tbe testimony will not cure tbe error of its admission where it is of such character that tbe recital…
1Opinion of the CourtLamm, J.
Suing for $15,000 for personal injuries, plaintiff, a widow aged fifty years, had a verdict for $1157.09, and defendant on due steps appeals from the judgment thereon.
It is alleged in the petition, denied in the answer (and proved at the trial) that on a brick sidewalk on one of defendant’s public streets, to-wit, Garrison avenue, on the 6th day of December, 1908, there was a hole, a sort of pitfall, of a width and depth to cause footmen to stumble or step therein and be hurt; that it existed for such length of time as to bring home notice to defendant; and that after nightfall on said date…
2Cases cited1 opinion
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
3Cited by27 opinions
- La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
- State Ex Rel. Kansas City Stock Yards Co. of Maine v. ClarkSupreme Court of Missouri · 1976
- Wente v. ShaverSupreme Court of Missouri · 1943
- Marden v. RadfordMissouri Court of Appeals · 1935
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
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