Stephens v. City of Eldorado Springs
Missouri Court of Appeals
Appeal from Saint Clair County Circuit Court. — How. G. A. Galvird, Judge. (1) It was reversible error to refuse defendant a continuance on account of the absence of Dr. Hill as a witness, or as an alternative to refuse to allow defendant to read to the jury the statement of what Dr. Hill would testify as set out in the application., Oliver v. Aylor; 173 Mo.
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Appeal from Saint Clair County Circuit Court. — How. G. A. Galvird, Judge. (1) It was reversible error to refuse defendant a continuance on account of the absence of Dr. Hill as a witness, or as an alternative to refuse to allow defendant to read to the jury the statement of what Dr. Hill would testify as set out in the application., Oliver v. Aylor; 173 Mo. App. 323; Epstein v. Railroad, 250 Mo. 1. (2) The court erred in refusing to sustain defendant’s demurrer for the reason that under the state of facts shown in the testimony plaintiff was guilty of contributory negligence in law. Diamond…
1Opinion of the CourtRobertson, P. J.
This action originated in Cedar county and was taken on a change of venue to *467St. Clair county, where a jury trial resulted in a verdict for plaintiff and defendant has appealed.
Plaintiff, while passing at night along one of the defendant city’s sidewalks, constructed of flagstone, caught his foot on the end of a stone therein raised about six inches above the general level of the walk Where it crossed a gully and fell, receiving the injuries for which he sued. The defendant does not on this appeal question that there was ample testimony from which the jury was justified in finding it guilty…
2Cases cited14 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. WeltyMissouri Court of Appeals · 1960
- Casey v. MarshallArizona Supreme Court · 1946
- Davis v. Springfield HospitalMissouri Court of Appeals · 1920
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
4 more not listed; retrieve them via the Exa API.