Stagner v. Hill
Missouri Court of Appeals
Appeal from the Circuit Court of Bates County. — Son. Charles A. Denton, Judge. (1) Where counsel is permitted against objection to make or persevere in improper remarks, the appellate court may properly interfere. Sideknm v. Railway, 93 M'o. 400; Norton v. Railway, 40 Mo. App. 647; Gibson v. Zeibig, 24 Mo. App. 65; Smith v. Tel. Co., 55 Mo.
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Appeal from the Circuit Court of Bates County. — Son. Charles A. Denton, Judge. (1) Where counsel is permitted against objection to make or persevere in improper remarks, the appellate court may properly interfere. Sideknm v. Railway, 93 M'o. 400; Norton v. Railway, 40 Mo. App. 647; Gibson v. Zeibig, 24 Mo. App. 65; Smith v. Tel. Co., 55 Mo. App. 632. And especially is this true where the record shows what the prejudicial remarks were, and the circumstances under which the same were made. State v. Thornton, 108 Mo. 640. (2) Appellate courts will review actions of trial courts in the exercise…
1Opinion of the CourtEllison, J.
The plaintiff while walking along one of defendant’s streets after dark fell into an excavation made for a sidewalk and was injured. She recovered a judgment in the trial court.
It appears that the plaintiff, a laundress, was going, to her home after night along one of the principal streets of defendant and fell into an excavation about ten inches deep, which had been left unguarded and unlighted. There was no dispute as to the existence of the *283excavation; and the evidence in plaintiff’s behalf tended to show that she, while in the exercise of proper care, was passing along the street after…
2Cited by2 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- State v. LindersSupreme Court of Missouri · 1923