Asbill v. City of Joplin
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Son. David E. Blair, Judge. (1) The defendant is not liable unless it bad notice of the removal or unless the light had been removed for such a length of time as to give to defendant constructive notice as to its removal. ■ Ball v. City of Independence, 41' Mo. App. 475; Myers v. City of Kansas, 108 Mo. 487. (2) No mention is found in the first and genera] instruction of the plaintiff as to defendant’s principal defense.
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Appeal from Jasper Circuit Court. — Son. David E. Blair, Judge. (1) The defendant is not liable unless it bad notice of the removal or unless the light had been removed for such a length of time as to give to defendant constructive notice as to its removal. ■ Ball v. City of Independence, 41' Mo. App. 475; Myers v. City of Kansas, 108 Mo. 487. (2) No mention is found in the first and genera] instruction of the plaintiff as to defendant’s principal defense. It is respectfully submitted that this instruction is wrong in the above respect. Hohstadt v. Daggs, 50 Mo. App. 240; State v. Davies, 80…
1Opinion of the CourtGray, J.
This cause was commenced in the Jasper Circuit Court to recover damages for personal injuries which plaintiff claims she received in June, 1907, in falling, caused by tripping on a wire across one of the sidewalks on a public street in the city of Joplin.
Her evidence tended to establish the fact that Eighteenth street at the time complained of, was a pub-*261lie street in the city of Joplin; that the city had given a permit to one Powell, to lay and construct ai concrete sidewalk on said street, and that while said walk was being laid and before the sidewalk was opened to the traveling public,…
2Cases cited4 opinions
- Myers v. City of KansasSupreme Court of Missouri · 1891
- Steamboat City v. MatthewsSupreme Court of Missouri · 1859
- Austin v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Morris v. Kansas CityMissouri Court of Appeals · 1906
3Cited by2 opinions
- Reding v. RedingMissouri Court of Appeals · 1910
- Miller v. SnyderMissouri Court of Appeals · 1910