Brolin v. the City of Independence

This is an" action for damages for personal injuries.1 There was a verdict and judgment in favor of plaintiff in the sum of $7000. However, the Court sustained defendant’s motion for a new trial on the ground that it had committed error in the giving of plaintiff’s instruction lettered “A.” Plaintiff has appealed.

The facts show that plaintiff was injured between three and four o’clock on the afternoon of March 6, 1935, by falling on a muddy street at the intersection of Park and Maple avenues in Independence. The place where plaintiff fell is on the outskirts of the city, there being only…