Legal Opinion

Quarles v. Kansas City

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s testimony and in failing to give defendant’s peremptory instruction at the close of all the testimony. Reedy v. St. Lonis, 161 Mo. 523; Tobin v. Waterloo, 131 la. 75, 107 N. W. 1031; Quinlan y. Kansas City, 104 Mo. App. 616; .Harrington v. Buffalo, 121 N. Y. 147, 24 N. E. 186; Manschevik y. Cline, 100 Pa.

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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s testimony and in failing to give defendant’s peremptory instruction at the close of all the testimony. Reedy v. St. Lonis, 161 Mo. 523; Tobin v. Waterloo, 131 la. 75, 107 N. W. 1031; Quinlan y. Kansas City, 104 Mo. App. 616; .Harrington v. Buffalo, 121 N. Y. 147, 24 N. E. 186; Manschevik y. Cline, 100 Pa. St. 118; Reno v. St. Joseph, 169 M'o. 642; Henkes y. Minneapolis, 42 Minn. 530; Aurora v. Parks, 21 111. App. 459; Hyer v. Janesville, 101 Wis.…

1Opinion of the CourtEllison, J.

— Tins action was instituted to recover damages resulting from plaintiff falling on one of defendant’s sidewalks which he charges was negligently left in an unsafe condition for travel. The judgment in the trial court was for the plaintiff.

The negligence charged is that defendant at a designated point on West Eleventh Street “carelessly and negligently permitted a large, thick, rough, uneven, irregular and rounded coating of ice and snow to be, accumulate and remain, thereby causing said sidewalk, at said place, to be rough and uneven and slippery and thereby caused the same to be dangerous…

2Cases cited3 opinions

  1. Reno v. City of St. JosephSupreme Court of Missouri · 1902
  2. Peters v. City of St. JosephMissouri Court of Appeals · 1906
  3. Quinlan v. Kansas CityMissouri Court of Appeals · 1904

3Cited by3 opinions

  1. Barker v. City of JeffersonMissouri Court of Appeals · 1911
  2. Snowden v. City of St. JosephMissouri Court of Appeals · 1912
  3. Jackson v. Kansas CityMissouri Court of Appeals · 1914

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