Chilton v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The court should have sustained defendant’s demurrer to the evidence. Plaintiff can not recover in an action for negligence when her own negligence contributed with that of the defendant to produce the injury. Murry v. Bailroad, 101 Mo. 236; Kellny v. Bailroad, 101 Mo. 67; Weber v. Kansas City Cable Co., 100 Mo. 194; Gleeson v. Excelsior Mfg.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The court should have sustained defendant’s demurrer to the evidence. Plaintiff can not recover in an action for negligence when her own negligence contributed with that of the defendant to produce the injury. Murry v. Bailroad, 101 Mo. 236; Kellny v. Bailroad, 101 Mo. 67; Weber v. Kansas City Cable Co., 100 Mo. 194; Gleeson v. Excelsior Mfg. Co., 94 Mo. 201; Hudson v. Bailroad, 101 Mo. 13; Durkin v. Troy, 61 Barb. 437; Evans v. Utica, 69 N. Y. 166; Wilson v. Charleston, 8 Allen, 137; Belton v. Baxter, 54 N. Y. 245;…
1Opinion of the CourtBrace, P. J.
This is an action for damages for personal injuries received by the plaintiff from a fall on a defective sidewalk; in which she obtained judgment in the trial court for the sum of $3,333.33, from which judgment the defendant appeals.-
*197It appears from the evidence for the plaintiff that the sidewalk in question, on the west side of Twenty-seventh, between Olive and Patee streets in the city of St. Joseph, was constructed of wooden stringers and boards. That the stringers were laid down about two feet six inches apart and the boards, about four feet long, were laid across the stringers, the ends…
2Cases cited9 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Hickey v. WelchMissouri Court of Appeals · 1901
22 more not listed; retrieve them via the Exa API.