Blackwell v. Hill
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The court erred in giving instruction number 1 for plaintiff. Young v. Kansas City, 45 Mo. App. 600; Salmon v. Trenton, 21 Mo. App. 182; Staples v. Canton, 69 Mo. 592; Craig v. Sedaba,' 63 Mo. 417. The testimony adduced by the city tended to show that the tree was not a dangerous obstruction. This instruction deprived the city of the benefit of this evidence. Salmon v. Trenton, 21 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The court erred in giving instruction number 1 for plaintiff. Young v. Kansas City, 45 Mo. App. 600; Salmon v. Trenton, 21 Mo. App. 182; Staples v. Canton, 69 Mo. 592; Craig v. Sedaba,' 63 Mo. 417. The testimony adduced by the city tended to show that the tree was not a dangerous obstruction. This instruction deprived the city of the benefit of this evidence. Salmon v. Trenton, 21 Mo. App. 182. The city’s instructions and this instruction for plaintiff are inconsistent. Flynn v. Bridge Co., 42 Mo. App. 529; McNiehols v.…
1Opinion of the CourtSmith, P. J.
STAThMENT. Aetion to recover damages for personal injuries. The facts of the case, as disclosed by the evidence, are these: A dead elm tree, ten inches in diameter, which had stood on the strip of ground situate between the sidewalk and the curb stone of a certain street in defendant city, had fallen and the trunk thereof occupied such a position in the said strip that it slightly encroached upon the sidewalk, while a prong, the end of which was broken off, projected over such sidwalk some eighteen inches. The plaintiff resided in a rented house situate on a lot abutting on the street at the…
2Cases cited14 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Jackiewicz v. United Illuminating Co.Supreme Court of Connecticut · 1927
- Petty v. Kansas City Public Service Co.Supreme Court of Missouri · 1946
- Zacharias v. NesbittSupreme Court of Minnesota · 1921
5 more not listed; retrieve them via the Exa API.