Drake v. Kansas City
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The court erred in refusing to sustain the demurrer to the evidence at the close of plaintiff’s case. Garvin v. St. Louis, 151 Mo. 334; Baustian v. Young, 152 Mo. 317; Buckley v. Kansas City, 156 Mo. 16; Matthews v. New York, 78 App. Div. 422; Hanscom v. Boston, 141 Mass. 242; Rushton v. Allegheny, 192 Pa.
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Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The court erred in refusing to sustain the demurrer to the evidence at the close of plaintiff’s case. Garvin v. St. Louis, 151 Mo. 334; Baustian v. Young, 152 Mo. 317; Buckley v. Kansas City, 156 Mo. 16; Matthews v. New York, 78 App. Div. 422; Hanscom v. Boston, 141 Mass. 242; Rushton v. Allegheny, 192 Pa. St. 574; Cooper v. Milwaukee, 97 Wis. 458. (2) The court erred in modifying and giving defendant’s instruction 5. (3) The court erred in modifying and giving defendant’s instruction 8. Christian v. Ins. Co., 143 Mo. 460;…
1Opinion of the CourtMarshall, J.
This is an action for $25,000 damages for personal injuries received by the plaintiff on the 24th of May, 1900, in consequence of stepping into a coal hole in the sidewalk on the south side of Thirteenth street, between Tracy and Forrest Avenues, in Kansas City, and in front of house No. 1211 East Thirteenth street. There was a verdict and judgment for the plaintiff for $15,000, and after proper steps the defendant appealed.
TUB ISSUES.
The petition alleges that Thirteenth street is a public highway of the defendant city and that at the time of the accident the sidewalk, as maintained by the…
2Cases cited11 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Baustian v. YoungSupreme Court of Missouri · 1899
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Barr v. City of KansasSupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hill v. NortonWest Virginia Supreme Court · 1914
- Griffin v. City of ChillicotheSupreme Court of Missouri · 1925
- Hays v. StateCourt of Criminal Appeals of Texas · 1920
- Sutter v. Kansas CityMissouri Court of Appeals · 1909
- Burgdorf v. Holme-ShawMichigan Supreme Court · 1959
2 more not listed; retrieve them via the Exa API.