Young v. City of Webb City
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) TLe demurrer offered by appellant at the close of respondent’s evidence, should have been given, as witness Reed, the only witness who was interrogated on the subject, testified that the walk, where the accident happened, was a .good walk until it was broken by a horse, and that it was broken on the 11th day of November, 1894, and that was •only one day before the accident.
Read the full summary
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) TLe demurrer offered by appellant at the close of respondent’s evidence, should have been given, as witness Reed, the only witness who was interrogated on the subject, testified that the walk, where the accident happened, was a .good walk until it was broken by a horse, and that it was broken on the 11th day of November, 1894, and that was •only one day before the accident. This was not sufficient time to charge the appellant with notice, and there was no 'testimony to show that the city had notice of any defect in the walk,…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries alleged to have been sustained by plaintiff by a fall occasioned by the defective condition,of one of defendant’s sidewalks upon which she was walking at the time.
The suit was instituted in the circuit court of Jasper county, but the venue was subsequently changed to the circuit court of Yemen county, where upon a trial to the court and jury, plaintiff recovered a verdict and judgment for five thousand dollars.
After unsuccessful motion for a new trial and in arrest defendant appeals.
*337Ibe plaintiff is a married woman and was at tbe time of the…
2Cases cited12 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Myers v. City of KansasSupreme Court of Missouri · 1891
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Peterson v. Kansas CitySupreme Court of Missouri · 1930
- Taylor v. Kansas CitySupreme Court of Missouri · 1938
- Dougherty v. EllingsonCalifornia Court of Appeal · 1929
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
19 more not listed; retrieve them via the Exa API.