Clack v. Kansas City Electrical Wire Subway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. E. E. Porter-field, Judge. Instruction No. 3 given for the defendant was proper. There was no substantial evidence that the manhole was defective, therefore there was no obligation on defendant to make repairs. Carvin v. St. Louis, 151 Mo. 331; Wright v. Gillespie, 13 M'o. App. 211; Otto v. Railroad, 12 Mo. App. 168; Montgomery v. Railroad, 181 Mo. 477; Ashby v. Gravel Road Co., Ill Mol App. 79; Sonnen v. Transit Co., 102 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Son. E. E. Porter-field, Judge. Instruction No. 3 given for the defendant was proper. There was no substantial evidence that the manhole was defective, therefore there was no obligation on defendant to make repairs. Carvin v. St. Louis, 151 Mo. 331; Wright v. Gillespie, 13 M'o. App. 211; Otto v. Railroad, 12 Mo. App. 168; Montgomery v. Railroad, 181 Mo. 477; Ashby v. Gravel Road Co., Ill Mol App. 79; Sonnen v. Transit Co., 102 Mo. App. 271; Brown v. Transit Co., 108 Mo. App. 310. There was no error in refusing plaintiff’s instruction relating to…
1Opinion of the CourtEllison, J.
— Plaintiff was walking along a sidewalk in an alley way of Kansas City and stepped upon the cover or frame of a “manhole” leading into a subway *208built by defendant under ordinances of the city. She charged that the cover tilted so as to: throw her down, whereby she wag injured. She brought this action for damages and upon trial the verdict was for the defendant in the circuit court. She filed a motion for new trial which the court sustained on the ground of “error in the instructions.” Defendant thereupon appealed from that order.
The principal point made by plaintiff in support of the order…
2Cases cited4 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Ashby v. Elsberry & New Hope Gravel Road Co.Missouri Court of Appeals · 1905
- Winn v. ReedMissouri Court of Appeals · 1895
3Cited by3 opinions
- Baumle v. SmithSupreme Court of Missouri · 1967
- Reich v. ThompsonSupreme Court of Missouri · 1940
- McGuffie v. HooperSupreme Judicial Court of Maine · 1922