Canterbury v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. H. Sloeer, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony and at the close of all the testimony, for the reason: (a) That the fall of plaintiff’s wife occurred in broad daylight and the obstruction which plaintiff’s wife claims caused the fall was in full view of her. There was nothing to distract her attention.
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Appeal from Jackson Circuit Court. — Eon. Jas. H. Sloeer, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony and at the close of all the testimony, for the reason: (a) That the fall of plaintiff’s wife occurred in broad daylight and the obstruction which plaintiff’s wife claims caused the fall was in full view of her. There was nothing to distract her attention. In fact, she states that she saw the obstruction of which complaint is made and attempted to pass over it and fell, and we contend she was guilty of negligence per se.…
1Opinion of the CourtJohnson, J.
This is a suit prosecuted against the defendant city for damages resulting to plaintiff from personal injuries sustained by his wife in conse-. quence of the negligence of the defendant. The cause was here before on the appeal of plaintiff from a judgment sustaining a motion for a new trial filed by defendant and we affirmed that judgment (130 Mo. App. 1). Another trial resulted in a verdict and judgment for plaintiff for $500, and the cause now is before us on the appeal of defendant whose sole contention is that the jury should have been peremptorily instructed to return a verdict for…
2Cases cited2 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Canterbury v. Kansas CityMissouri Court of Appeals · 1908
3Cited by4 opinions
- Albritton v. Kansas CityMissouri Court of Appeals · 1916
- Border v. City of SedaliaMissouri Court of Appeals · 1912
- Jackson v. Kansas CityMissouri Court of Appeals · 1914
- Fogg v. Kansas CityMissouri Court of Appeals · 1915