Knight v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) The court erred in giving instruction numbered one, in which it submitted to the court, the issue as to whether twenty-third street was a public street or not; and by further telling that if appellant knew of the condition of such street or by the exercise of ordinary care could have known of the same and by the exercise of ordinary care could have repaired the same, for the reason there was no evidence upon…
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Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) The court erred in giving instruction numbered one, in which it submitted to the court, the issue as to whether twenty-third street was a public street or not; and by further telling that if appellant knew of the condition of such street or by the exercise of ordinary care could have known of the same and by the exercise of ordinary care could have repaired the same, for the reason there was no evidence upon which to base the same, and for the reason that the place where respondent was injured, is not shown to be such a place…
1Opinion of the CourtBroaddus, P. J.
— The plaintiffs suit is to recover damages for personal injuries sustained by him on December 3,1903, caused by an alleged defective sidewalk on the south side of Twenty-third street near Montgall avenue in Kansas City, Missouri. The plaintiff fell and was injured at a point on said sidewalk which had been taken off for the purpose of constructing a granitoid sidewalk on Montgall avenue, which left a step-off of about ten inches to the latter walk, and it had been left in this condition for several months prior to the injury. The plaintiff, while it was dark, fell by reason of said step-off…
2Cases cited9 opinions
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
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3Cited by1 opinion
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909