Jackson v. Kansas City
Missouri Court of Appeals
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
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Fusili v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Skinner v. StifelMissouri Court of Appeals · 1893
- Campbell v. City of StanberryMissouri Court of Appeals · 1900
3Cited by5 opinions
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Rose v. Kansas CityMissouri Court of Appeals · 1907
- Brolin v. the City of IndependenceMissouri Court of Appeals · 1938
- Keithley v. City of IndependenceMissouri Court of Appeals · 1906