Boland v. City of Kansas
Missouri Court of Appeals
Appeal from JacJcson Circuit Court. — Hon. James H. Sloveb, Judge. Statement of case by the court. This was an action by the plaintiff for the recovery of damages on account of injuries sustained, as alleged, by reason of an unsafe and dangerous sidewalk on one of defendant’s streets. The sidewalk complained of was on the north side of Fifth street in Kansas City, and the adjacent ground inside of the sidewalk was twenty or thirty feet lower than it.
Read the full summary
Appeal from JacJcson Circuit Court. — Hon. James H. Sloveb, Judge. Statement of case by the court. This was an action by the plaintiff for the recovery of damages on account of injuries sustained, as alleged, by reason of an unsafe and dangerous sidewalk on one of defendant’s streets. The sidewalk complained of was on the north side of Fifth street in Kansas City, and the adjacent ground inside of the sidewalk was twenty or thirty feet lower than it. The sidewalk- was built by defendant. It was constructed of plank, and in such a manner that it was higher on the inside of it, next to the curb…
1Opinion of the CourtHall, J.
— The defendant assigns two grounds for the reversal of the judgment in this case, i. e., the refusal by the circuit court of the demurrer to the evidence and of instruction number four asked by it. In support of the ground based on the refusal of the demurrer to the evidence, the defendant urges that, under the facts in this case, it was negligence as a matter of law for the plaintiff to attempt to pass over the sidewalk, and that, therefore, the plaintiff could not recover. In other words, the defendant’s position is that the act of1 the plaintiff in attempting to pass over the sidewalk was…
2Cases cited5 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
- Norton v. IttnerSupreme Court of Missouri · 1874
3Cited by2 opinions
- Plummer v. City of MilanMissouri Court of Appeals · 1899
- Foster v. SwopeMissouri Court of Appeals · 1890