Young v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. The court erred in giving instruction, numbered 2, of its own motion. It presumed as a matter of law that a loose board rendered a sidewalk dangerous. This was a question for the jury. Salmon v. Trenton, 21 Mo.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. The court erred in giving instruction, numbered 2, of its own motion. It presumed as a matter of law that a loose board rendered a sidewalk dangerous. This was a question for the jury. Salmon v. Trenton, 21 Mo. App. 186 ; Staples v. Canton, 69 Mo. 563 ; Bassett v. St. Jo., 53 Mo. 296 ; Brennan v. St. Louis, 92 Mo. 482-487. The appellant complains most of instruction, numbered 2, given by the court on its own motion. On this instruction it hangs its hope for reversal. This instruction is not open to the objection urged against…
1Opinion of the CourtGriLL, J.
— This is an action for damages on account of personal injuries alleged to have been received by Mrs. Young from a fall on Campbell street near Eighteenth street, Kansas City. The substance of the complaint is that plaintiff, with her husband, was passing along the sidewalk when Mr. Young stepped on the end of a loose plank, which was thrown up, tripping the plaintiff, causing her to fall violently to the walk and resulting in the injuries complained of. The case, under the instructions from the court, was submitted to a jury, which resulted in a verdict and judgment for plaintiff in the sum…
2Cases cited3 opinions
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
- Staples v. Town of CantonSupreme Court of Missouri · 1879
- Salmon v. Town of TrentonMissouri Court of Appeals · 1886
3Cited by2 opinions
- Plummer v. City of MilanMissouri Court of Appeals · 1897
- Hill v. City of SedaliaMissouri Court of Appeals · 1896