Knight v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. The defendants’ demurrer to the evidence should have been sustained. Because although plaintiff knew a sewer was being put in, that piles of dirt were in the street and it was so dark he could not see them, yet he permitted his daughter to drive his horse upon the trot without exercising any care whatever, which was negligence as a matter of law. Diamond v. Kansas City, 120 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. The defendants’ demurrer to the evidence should have been sustained. Because although plaintiff knew a sewer was being put in, that piles of dirt were in the street and it was so dark he could not see them, yet he permitted his daughter to drive his horse upon the trot without exercising any care whatever, which was negligence as a matter of law. Diamond v. Kansas City, 120 Mo. App. 185; Sindlinger v. Kansas City, 126 Mo. 315; Hesser v. Grafton, 33 W. Va. 548; Casey v. Fitchburg, 162 Mass. 321; Bedford v. Neal, 143 Ind. 425;…
1Opinion of the CourtBboaddtjs, P. J.
— This is an action for damages for injuries claimed to have been sustained by plaintiff while driving in a vehicle on the south side of Independence avenue near Myrtle avenue in Kansas City, Missouri, on the 12th day of January, 1904. He claims that he sustained his injury by being thrown from a buggy. The defendant Walsh had a contract with the defendant city for the construction of a sewer running north and south on Myrtle avenue and across Independence avenue. Independence avenue is a street.of considerable width, with double car tracks on it, and is paved.
In the construction of the…
2Cases cited4 opinions
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Boley v. Sonora Development Co.Missouri Court of Appeals · 1907
- Diamond v. Kansas CityMissouri Court of Appeals · 1906
- Sindlinger v. City of KansasSupreme Court of Missouri · 1895
3Cited by8 opinions
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- Wingate Ex Rel. Carlisle v. Lester E. Cox Medical CenterSupreme Court of Missouri · 1993
- Bean v. City of MoberlySupreme Court of Missouri · 1943
- Bass v. DurandSupreme Court of Missouri · 1940
- Allen v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
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