Coffey v. City of Carthage
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The court erred in telling the jury in instruction 12 that if plaintiff was not walking on the stone sidewalk when injured, but was walking on the grass plot between the sidewalk and street, and in doing so was injured, the defendant would not be liable. Fockler v. Kansas City, 94 Mo.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The court erred in telling the jury in instruction 12 that if plaintiff was not walking on the stone sidewalk when injured, but was walking on the grass plot between the sidewalk and street, and in doing so was injured, the defendant would not be liable. Fockler v. Kansas City, 94 Mo. App. 464; Walker v. Kansas City, 99 Mo. 650; Roe v. Kansas City, 100 Mo. 192; Goins v. Moberly, 127 Mo. 116; Kassman v. St. Louis, 158 Mo. 298; Gerdes v. Iron & Foundry Co., 124 Mo. 357. . (2) The court erred in telling the jury in instruction 9…
1Opinion of the CourtFox, J.
— This is an action for personal injuries wherein appellant demanded the sum of five thousand dollars from respondent city of Carthage, a city of the third class, hy reason of a defective sidewalk on one of respondent’s streets.
The negligence complained of is thus stated in the petition:
“That McG-regor street in said city, with its sidewalks, is and was for more than ten years prior to the injuries herein complained of, a public street of said city, accepted by said city as such, and used during said time by the inhabitants of said city as a public street and thoroughfare for the passage of…
2Cases cited9 opinions
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Fockler v. Kansas CityMissouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Jones v. Kansas CitySupreme Court of Missouri · 1951
28 more not listed; retrieve them via the Exa API.