Perrette v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Instruction lj given by tbe court at tbe instance of tbe plaintiff, in view of the plaintiff’s testimony, is erroneous. In its present form, it enables tbe plaintiff to avail himself of a presumption contrary to what he swears be knew.
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Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Instruction lj given by tbe court at tbe instance of tbe plaintiff, in view of the plaintiff’s testimony, is erroneous. In its present form, it enables tbe plaintiff to avail himself of a presumption contrary to what he swears be knew. Nixon v. Railroad, 141 Mo. 439; Brannock v. Elmore, 144 Mo. 65 ; Roddy v. Railroad, 104 Mo. 150. (2) Tbe court erred in refusing to give instruction 6, offered by tbe defendant. Spillane v. Railroad, 135 Mo. 427; Henderson v. Railroad, 61 N. Y. 900; Murray v. Railroad, 101 Mo. 236; Kelley v.…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff for ten thousand dollars damages for personal injuries sustained by him by reason of the alleged negligence of defendant in failing to keep its sidewalk in front of 1809 Holly street, in said city, in a reasonably safe condition for pedestrians, in consequence of which he caught his foot in a hole therein, and was injured.
*243Tbe injury occurred about four o’clock in tbe afternoon of August 26, 1896, while plaintiff was returning to his home from a business errand. He lived at that time, and had, for about four months prior thereto, at 1847 Holly street, which runs…
2Cases cited7 opinions
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
- Roe v. City of KansasSupreme Court of Missouri · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Bean v. City of MoberlySupreme Court of Missouri · 1943
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
14 more not listed; retrieve them via the Exa API.