Perry v. Ford
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of the case by the court. This is a suit for personal injury.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of the case by the court. This is a suit for personal injury. The petition is in words as follows (omitting the caption): Said plaintiff, Henry Perry, for cause of action against defendant, the said Smith M. Ford, states that heretofore, to-wit; on or about the 30th day of October’ 1881, the said defendant and one -Brown were, and for a long time prior thereto had been, ever since the date aforesaid have been, and now are, the owners of two certain store-rooms and buildings, known and numbered 503 and 505, fronting on…
1Opinion of the Court
Opinion by
Hall, J.
I. In this court the defendant complains that the trial court permitted plaintiff’s witness, Evans, to answer the above question.
There is no claim made by the plaintiff that the defendant had notice of. the former "accident referred to in said question, and of the accident “just after,” mentioned in said question, the defendant could not have had notice.
There was no offer by plaintiff to show such notice. It must be taken therefore that the trial court permitted the introduction of the testimony for the purpose of showing the dangerous and unsafe condition of the…
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