Roe v. City of Kansas
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. —Hon. J. II. Slower, Judge. (1) The respondent’s witness, Brown, usurped the functions of the jury in stating that he judged from their- appearance that the hinges of the door had been broken for some time. The witness should have been permitted to state the facts only. Muff v. Bailroad, 22 Mo. App. 584. (2) The further statement of the same witness, that “the doctor saw her and pronounced her nose broken,” was the merest hearsay.
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Appeal from Jaclcson Circuit Court. —Hon. J. II. Slower, Judge. (1) The respondent’s witness, Brown, usurped the functions of the jury in stating that he judged from their- appearance that the hinges of the door had been broken for some time. The witness should have been permitted to state the facts only. Muff v. Bailroad, 22 Mo. App. 584. (2) The further statement of the same witness, that “the doctor saw her and pronounced her nose broken,” was the merest hearsay. (3) The first instruction given in behalf of the respondent declared as a matter of law that it was the duty of the appellant to…
1Opinion of the CourtSherwood, J.
Action for damages caused by falling on a trap door placed in the sidewalk. It was charged in the petition and was established at the trial, that the hinges on the door had been broken and that it was in such a condition that, by stepping upon some parts of it, it would tip up. It was in this way that the accident to plaintiff occurred. This defect in the door had existed for some months, and the injuries to the plaintiff were of a permanent nature. The jury brought in a verdict giving damages at fifty-five hundred dollars, and defendant appeals.
Error is assigned but upon two points:
First.…
2Cases cited2 opinions
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by21 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Perrette v. Kansas CitySupreme Court of Missouri · 1901
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