Haynes v. Town of Trenton
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Appellant claims that the fifth instruction, given on behalf of the plaintiff, is erroneous in this: First. That it is not in harmony with the issues made by the pleadings, but tenders a new and different issue. Second.
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Appeal from Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Appellant claims that the fifth instruction, given on behalf of the plaintiff, is erroneous in this: First. That it is not in harmony with the issues made by the pleadings, but tenders a new and different issue. Second. This instruction is objectionable for the. further reason that it is in conflict with, and a contradiction of, the other instructions, especially the second, third, fourth and sixth given on behalf of plaintiff, the eighth given on behalf of appellant and the sixth asked by appellant and modified and given by…
1Opinion of the CourtGantt, P. J.
This is an action for damages alleged to have been caused by the defendant’s negligence in maintaining a defective sidewalk and leaving a dangerous excavation alongside of the walk, into which the plaintiff was precipitated, and his leg broken, on the night of the twelfth of January, 1888, about seven -o’clock, P. M.
The defense was a general denial and contributory negligence. The evidence on the part of the plaintiff tended to show that on the evening in question he -attempted to pass over a crossing which the city had placed over a ditch dug alongside of the street, and ■extending under the…
2Cases cited6 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Robertson v. PeopleSupreme Court of Colorado · 1894
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- State v. WoolardSupreme Court of Missouri · 1892
23 more not listed; retrieve them via the Exa API.