Holloway v. Kansas City
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Now. George F. Longan, Judge. (1) Under the evidence of plaintiff she was guilty of such contributory negligence as to bar a recovery. For that reason the trial court should have set aside the verdict. Wheat v. St. Louis, 78 S. W. 790; Cohn v. . Kansas City, 108 Mo. 387; Sindlinger v. Kansas City, 126 Mo. 315. (2) Plaintiff herself testified that she felt the walk tilt but kept going and did not look where she was stepping.
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Appeal from Pettis Circuit Court. — Now. George F. Longan, Judge. (1) Under the evidence of plaintiff she was guilty of such contributory negligence as to bar a recovery. For that reason the trial court should have set aside the verdict. Wheat v. St. Louis, 78 S. W. 790; Cohn v. . Kansas City, 108 Mo. 387; Sindlinger v. Kansas City, 126 Mo. 315. (2) Plaintiff herself testified that she felt the walk tilt but kept going and did not look where she was stepping. Her own witnesses testified that it was light enough to see the hole in the walk a distance of half a block. In view of such evidence…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff for ten thousand dollars damages alleged to have been sustained by her by stepping into a hole in a sidewalk in Kansas City, where one of the boards of which said sidewalk was in part constructed, was out and missing, *27by reason of wbicb she fell info said bole and was greatly injured.
Tbe answer was a general denial and a plea of contributory negligence. Plaintiff filed reply to tbe answer in wbicb is denied all affirmative allegations therein contained.
The trial resulted in a verdict and judgment for plaintiff in the sum of eight thousand dollars. Defendant…
2Cases cited16 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Davidson v. . CornellNew York Court of Appeals · 1892
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Hemminghaus v. FergusonSupreme Court of Missouri · 1948
- Schears v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
36 more not listed; retrieve them via the Exa API.