Legal Opinion

Jackson v. Kansas City

Missouri Court of Appeals

Decided March 7, 1904PublishedCited by 5 opinions

Appeal from Jackson Circuit Court . — Hob. James Gibson> Judge. (1) "What were reasonable precautions in this case for the protection of the traveling public, was a question that' should have been left for the jury to decide. Plaintiff’s instruction No. 1 erroneously declares as a matter of law that it was the duty of defendant to erect barriers mounted with lights. Campbell v. Stan-berry, 85 Mo.

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Appeal from Jackson Circuit Court . — Hob. James Gibson> Judge. (1) "What were reasonable precautions in this case for the protection of the traveling public, was a question that' should have been left for the jury to decide. Plaintiff’s instruction No. 1 erroneously declares as a matter of law that it was the duty of defendant to erect barriers mounted with lights. Campbell v. Stan-berry, 85 Mo. App. 159 ,• Staples v. Trenton, 69 Mo. 592; Loewer v. Sedalia, 77 Mo. 445; Chicago v. Baker, 195 111. 54; Omalley v. Parsons Borough, 191 Pa. St. 612; Howard v. Menden, 117 Mass. 590. (2) Said…

1Opinion of the CourtBroaddus, J.

The plaintiff’s case upon which she relies to recover is substantially as follows: On the night of January 19, 1900, having heard an alarm for fire, in company with her sister-in-law she went to the southeast corner of the Paseo and Tenth street in defendant city, at which point she learned that there was no fire but that a horse had fallen into a ditch dug in Tenth street by the Metropolitan Street Railway Company. She then started north to go across -said street to the place where the horse was in the ditch, when she encountered said ditch (which ran east and west in said street) and fell…

2Cases cited4 opinions

  1. Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
  2. Fusili v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
  3. Skinner v. StifelMissouri Court of Appeals · 1893
  4. Campbell v. City of StanberryMissouri Court of Appeals · 1900

3Cited by5 opinions

  1. Ryan v. Kansas CitySupreme Court of Missouri · 1911
  2. Coffey v. City of CarthageSupreme Court of Missouri · 1905
  3. Rose v. Kansas CityMissouri Court of Appeals · 1907
  4. Brolin v. the City of IndependenceMissouri Court of Appeals · 1938
  5. Keithley v. City of IndependenceMissouri Court of Appeals · 1906

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