Stollhans v. City of St. Louis

This is an action for $30,000 damages for personal injuries. The jury's verdict was for defendant. The trial court granted plaintiff a new trial on the ground that it erred in giving defendant's Instruction No. 5. Defendant has appealed from this order.

The theory of plaintiff's petition was that defendant, by negligently permitting the sidewalks on Carter Avenue in St. Louis to be obstructed, compelled plaintiff to walk at night in the part of the street traveled by automobiles, where he was struck and injured by an automobile. Defendant contends that any error in instructions was immaterial…