Bowles v. Kansas City
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in allowing evidence of repairs made after the accident occurred. The fact of repairs is not evidence of negligence. Fly v. Railroad, 77 Mo. 34, 37; Hipsley v. Railroad, 88 Mo. 349, 354; Alcorn v. Railroad, 18 8. W. Rep. 188; Railroad v. Clem, 123 Ind. 15; 18 Am. State Rep. 303 n; Dale v. Rairoad, 73 N. Y. 468; Dougcmv. Trans.
Read the full summary
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in allowing evidence of repairs made after the accident occurred. The fact of repairs is not evidence of negligence. Fly v. Railroad, 77 Mo. 34, 37; Hipsley v. Railroad, 88 Mo. 349, 354; Alcorn v. Railroad, 18 8. W. Rep. 188; Railroad v. Clem, 123 Ind. 15; 18 Am. State Rep. 303 n; Dale v. Rairoad, 73 N. Y. 468; Dougcmv. Trans. Co., 56 N. Y. 1; Band v. Daly, 68 N. Y.; Bead v. Railroad, 45 N. Y. 574; Salters v. Canal Co., 3 Hun, 338; Payne v. Railroad, 9 Hun, 525; Hudson v. Railroad, 59 Iowa, 58; Creamer…
1Opinion of the CourtSmith, P. J.
This action is to recover damages for personal injuries alleged to have been occasioned by a defect in a certain sidewalk in defendant city. There was a trial which resulted in a judgment for plaintiff in the sum of $400, to reverse which this appeal is prosecuted.
Chief among the several grounds upon which the appealing city assaults the judgment is that the trial court committed reversible error in allowing the plaintiff to introduce before the. jury evidence which tended to show that the alleged defective sidewalk had been repaired after the time plaintiff received the injury of which…
2Cases cited7 opinions
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
- Streeter v. City of BreckenridgeMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hutchinson v. SteinkeMissouri Court of Appeals · 1962
- Vermillion v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1936
- Schermer v. McMahonMissouri Court of Appeals · 1904
- Baker v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Smallwood v. City of TiptonMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.