Caskey v. City of La Belle
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Ho». Edwin B. McKee, Judge. STATEMENT. Defendant, tlie city of La Belle, is a city of the fourth class. The plaintiff was injured by a fall, alleged to have been caused by defects in a sidewalk on the ■east side of Pomeroy street, opposite the mouth of Congress street in said city. The answer was a general denial and a plea of contributory negligence.
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Appeal from Lewis Circuit Court. — Ho». Edwin B. McKee, Judge. STATEMENT. Defendant, tlie city of La Belle, is a city of the fourth class. The plaintiff was injured by a fall, alleged to have been caused by defects in a sidewalk on the ■east side of Pomeroy street, opposite the mouth of Congress street in said city. The answer was a general denial and a plea of contributory negligence. Plaintiff received the injury on the morning of November 25, 3.899, at which time she was eight years and four months old, by falling on the plank sidewalk on the .east side of Pomeroy street, in said city,…
1Opinion of the CourtBland, P. J.
1. The answer alleged defendant was informed that plaintiff, on or about the date mentioned, got her right arm hurt or broken, but denied that the hurt was caused by the negligence of defendant, but that it was caused by her own negligence. Defendant offered no evidence whatever, that plaintiff’s arm was not broken; this fact was not controverted on the trial, and it was wholly immaterial that her mother said to Glenn, if she did say it, that “It was two weeks after she was hurt before I found out the arm was broken, and I told them they had better see the doctor.” The question was asked her…
2Cases cited8 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- School District No. 11 v. LauderbaughSupreme Court of Missouri · 1883
- Bank of Pleasant Hill v. WillsSupreme Court of Missouri · 1883
- Guntley v. StaedMissouri Court of Appeals · 1898
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3Cited by1 opinion
- Nashville Railroad v. Howard ex rel. HowardTennessee Supreme Court · 1903