Asbury v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Herman Brimback, Judge. (1) Defendant’s demurrer to the evidence should have been sustained on two grounds, (a) because there was no evidence that the alley which only existed on paper had ever been thrown open to the public. Downend v. Kansas City, 156 Mo. 60; Ely v. St. Louis, 181 Mo. 724. (b) Because plaintiff on his own evidence wes guilty of contributory negligence — if the alley in question was a public highway.
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Appeal from Jackson Circuit Court. — Hon. Herman Brimback, Judge. (1) Defendant’s demurrer to the evidence should have been sustained on two grounds, (a) because there was no evidence that the alley which only existed on paper had ever been thrown open to the public. Downend v. Kansas City, 156 Mo. 60; Ely v. St. Louis, 181 Mo. 724. (b) Because plaintiff on his own evidence wes guilty of contributory negligence — if the alley in question was a public highway. Cohn v. Kansas City, 108 Mo. 387; Wheat v. St. Louis, 179 Mo. 572; Knight v. Baltimore, 97 Md. 647; King v. Cohn, 125 Mich. 511; Tahm…
1Opinion of the CourtEllision, J.
Plaintiff was injured by being thrown from his wagon while driving along one of the alleys of the defendant city. He charged negligence on the part of the city in permitting the alley to become unsafe for travel, and brought this action for damages.
The alley was in a thickly settled part of the city, while not in or near the principal business section, yet the rear of one or more business places were on it, and plaintiff had occasion to drive into it to get some empty barrels he had bought of a baker, the rear of whose *498place came back to tbe alley. He sat on a high spring seat with his boy…
2Cases cited5 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Curran v. City of St. JosephMissouri Court of Appeals · 1910
- Mehan v. City of St. LouisSupreme Court of Missouri · 1909
- Heberling v. City of WarrensburgMissouri Court of Appeals · 1908
3Cited by1 opinion
- Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916