Hitt v. Kansas City
Missouri Court of Appeals
Appeal from John son Circuit Court. — Ho». Wm. L. Jarrott, Judge. (1) Plaintiff’s instruction numbered 1 does not require the jury to find that a sufficient time had elapsed before the injury (and after notice actual or construetive) for the defendant by the exercise of ordinary care to have repaired the walk where plaintiff claims to have fallen. Baker v. Independence, 106 Mo. App. 507, 81 S. W. 501; Gerber v. Kansas City, 105 Mo.
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Appeal from John son Circuit Court. — Ho». Wm. L. Jarrott, Judge. (1) Plaintiff’s instruction numbered 1 does not require the jury to find that a sufficient time had elapsed before the injury (and after notice actual or construetive) for the defendant by the exercise of ordinary care to have repaired the walk where plaintiff claims to have fallen. Baker v. Independence, 106 Mo. App. 507, 81 S. W. 501; Gerber v. Kansas City, 105 Mo. App. 191, 79 S. W. 718; Richardson v. Marceline, 73 Mo. App. 360; Mans v. Springfield, 101 Mo. 613; Yocnm v. Trenton, 20 Mo. App. 493; Doherty v. Kansas City, 105…
1Opinion of the CourtBroaddus, P. J.
— -This suit was begun in the circuit court of Jackson county but was taken on change of venue to Johnson county. The facts on plaintiff’s side were: That plaintiff while walking over a sidewalk of defendant city in March, 1902, at night, in the company of her two daughters, fell and was severely injured. The sidewalk in question was on the west side of and adjoining what is known as Convention Hall. That while she was passing along said walk she stepped into a hole which caused her to fall. It was shown that she was unacquainted with said sidewalk and that she was going along in the ordinary…
2Cases cited10 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Thomas v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1901
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3Cited by5 opinions
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
- Waeckerley v. Colonial Baking Co.Missouri Court of Appeals · 1934
- Burton v. Kansas CityMissouri Court of Appeals · 1914
- Munro v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Ryan v. Kansas CitySupreme Court of Missouri · 1911