Ball v. City of Independence
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The undisputed evidence proved that the excavation was barricaded on Saturday night when the workmen quit work. This discharged the full duty of the city. It had a right to presume that the barriers would not be removed by a stranger on Sunday. This is a question of law upon facts which are undisputed, and from w'hich different inferences cannot be drawn.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The undisputed evidence proved that the excavation was barricaded on Saturday night when the workmen quit work. This discharged the full duty of the city. It had a right to presume that the barriers would not be removed by a stranger on Sunday. This is a question of law upon facts which are undisputed, and from w'hich different inferences cannot be drawn. There was no negligence and the defendant is not liable. The defendant’s first instruction should have been given and the case taken from the jury. Dooly v. Town of…
1ConcurrenceGill, J.
( Ellison, J., concurring.) — I do not concur with Judge Smith as to paragraph 3 of his opinion. In my opinion, the trial court erred in excluding the proffered testimony of witness J. W. Sapp, called by defendant. The witness was asked by defendant’s *478counsel as to what conversation he, witness, had with Ball after his arm was hurt. Sapp proceeded to relate-the circumstances of having met Ball in a saloon at Independence, and, after stating some conversation had between the two (not important here to repeat), said : “ I was talking to him about carrying his arm in a sling ; during the few…
2Cases cited7 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- State v. WalkerSupreme Court of Missouri · 1888
- Kraxberger v. RoiterSupreme Court of Missouri · 1886
- State v. MillerSupreme Court of Missouri · 1872
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