Baker v. City of Independence
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. Jno. W. Henry, J udge. (1) “The rule is well settled that-where counsel have attempted to make a case in their argument, which the law would not allow them to make in their tenders of evidence, such conduct, if objected to and allowed to go unrebuked, constitutes a valid ground for the reversal of the judgment.” Churchman v. Kansas City, 49 Mo. App: 366; Gibson v. Zeibig, 24 Mo.
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Appeal from Jackson Circuit Court. — lion. Jno. W. Henry, J udge. (1) “The rule is well settled that-where counsel have attempted to make a case in their argument, which the law would not allow them to make in their tenders of evidence, such conduct, if objected to and allowed to go unrebuked, constitutes a valid ground for the reversal of the judgment.” Churchman v. Kansas City, 49 Mo. App: 366; Gibson v. Zeibig, 24 Mo. App. 65; Evans v. Town of Trenton, 112 Mo. 390. (2) Neither is the matter helped by counsel withdrawing the remark. He did not withdraw the impression he had made and could…
1Opinion of the CourtBkoaddus, J.
The plaintiff sued the defendant, a municipal corporation of the State, for an injury alleged to have been received by her, by reason of the defective condition of its sidewalk. The injury is alleged to have occurred on the seventh day of November, 1898, while the plaintiff was passing over said sidewalk, with due care and caution on her part, when she was thrown down and injured in her right-hand and arm. The jury returned a verdict for the plaintiff for the sum of $1,933. The defendant appealed.
The case was here once before and is reported in 85 Mo. App. 180, at which time it was affirmed,…
2Cases cited1 opinion
- Baker v. City of IndependenceMissouri Court of Appeals · 1900
3Cited by6 opinions
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Albin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Baker v. City of IndependenceMissouri Court of Appeals · 1904
- Loker v. Southwestern Missouri Electric Railway Co.Missouri Court of Appeals · 1902
- Milledge v. Kansas CityMissouri Court of Appeals · 1903
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