Legal Opinion

McIlhenny v. Kansas City

Missouri Court of Appeals

Decided March 1, 1915PublishedCited by 2 opinions

Appeal from Jackson Circuit Court.—Hon. Frank G. Johnson, Judge. (1) Defendant’s demurrer to the evidence should have been sustained because, with full knowledge of the defective condition of the walk, plaintiff was injured while exercising no care at all. Wheat v. St. Louis, 179 Mo. 572; Cohn v. K. C., 108 Mo. 387; Woodson v. Railroad, 224 Mo. 685; Knight v. Baltimore, 97 Md. 647; Diamond v. Kansas City, 120 Mo. App. 185; Welch v. McGowan, in Sup.

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Appeal from Jackson Circuit Court.—Hon. Frank G. Johnson, Judge. (1) Defendant’s demurrer to the evidence should have been sustained because, with full knowledge of the defective condition of the walk, plaintiff was injured while exercising no care at all. Wheat v. St. Louis, 179 Mo. 572; Cohn v. K. C., 108 Mo. 387; Woodson v. Railroad, 224 Mo. 685; Knight v. Baltimore, 97 Md. 647; Diamond v. Kansas City, 120 Mo. App. 185; Welch v. McGowan, in Sup. Ct., not reported; Craine v: Met.,' 246 Mo. 393. (2) The court not only erred in refusing to direct a verdict for the city because of plaintiff’s…

1Opinion of the CourtEllison, P. J.

Plaintiff fell upon one of defendant’s sidewalks and broke his leg. He brought this action charging the city with negligence and recovered judgment.

The walk was constructed of boards two inches thick and eight inches wide, laid over stringers. It was in bad condition; there being loose boards and in places boards were out altogether. But it bad been in this condition ¿ considerable time and the public including the plaintiff himself used it continuously. At the particular place where plaintiff was hurt there were two boards gone and the one next the vacancy, thus made, was loose. Plaintiff’s…

2Cases cited5 opinions

  1. Chilton v. City of St. JosephSupreme Court of Missouri · 1898
  2. Graney v. City of St. LouisSupreme Court of Missouri · 1897
  3. Howard v. City of New MadridMissouri Court of Appeals · 1910
  4. Devlin v. City of St. LouisSupreme Court of Missouri · 1913
  5. Griffin v. FreebornMissouri Court of Appeals · 1914

3Cited by2 opinions

  1. Burnison v. SoundersMissouri Court of Appeals · 1931
  2. Snyder v. K.C., Mo. Central Coal Coke Co.Missouri Court of Appeals · 1923

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