Quinn v. City of Columbia
Missouri Court of Appeals
Appeal from Boone Circuit Court.' — Eon. E. D. Thurmond, Judge. (1) Error was committed by the trial court in giving defendant’s instruction No. 1. The answer, which was read to the jury, and upon which the cause was tried, was simply a general denial; accordingly such an instruction was erroneous.
Read the full summary
Appeal from Boone Circuit Court.' — Eon. E. D. Thurmond, Judge. (1) Error was committed by the trial court in giving defendant’s instruction No. 1. The answer, which was read to the jury, and upon which the cause was tried, was simply a general denial; accordingly such an instruction was erroneous. In other words, even though there may be evidence to justify the giving of an instruction, yet' the defendant ‘is not entitled to such an instruction, unless his answer tenders such an issue. The instruction referred to was to the effect that the plaintiff could not recover, if the sidewalk on the…
1Opinion of the CourtEllison, J.
Plaintiffs are the owners of property abutting on one of the defendant’s streets. Defendant graded the sidewalk on plaintiffs’ side of the street *515by filling to the heighth of fourteen inches, and the latter brought this action, claiming that this property was damaged by thus raising the grade in its front. The judgment in the' trial court was for the defendant.
Defendant’s answer was a general denial, and also the following :
“For a further answer, defendant avers that at and prior to the alleged change of grade mentioned in the petition, the opposite side of the street from plaintiff’s…
2Cases cited4 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Davis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Smith v. City of St. JosephSupreme Court of Missouri · 1894
- Cole v. City of St. LouisSupreme Court of Missouri · 1896
3Cited by1 opinion
- Lange v. City of JacksonMissouri Court of Appeals · 1969