Campbell v. City of Chillicothe
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Nora. John P. Butter, Judge. (1) It is negligence to liang a gate so that when open it swings over and on the sidewalk. Decatur v. Hamilton, 89 111. App. 561; Bohen v. City of Waseca, 32 Minn. 176; Jerrell v. Wilmington, 56 Atl. (Del.)' 379; Berling v. Brooklyn, 120 N. Y. 93; Hume v. New York, 74 N. Y. 264; Mansfield v. New York, 119 App.
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Appeal from Linn Circuit Court. — Nora. John P. Butter, Judge. (1) It is negligence to liang a gate so that when open it swings over and on the sidewalk. Decatur v. Hamilton, 89 111. App. 561; Bohen v. City of Waseca, 32 Minn. 176; Jerrell v. Wilmington, 56 Atl. (Del.)' 379; Berling v. Brooklyn, 120 N. Y. 93; Hume v. New York, 74 N. Y. 264; Mansfield v. New York, 119 App. Div 199; Kelley v. Kansas City, 69 Mo. 102; Barr v. Kansas City, 105 Mo. 550. (2) Instruction 7 is erroneous and should not under the evidence have been given. It was prejudicial to plaintiff and reversible error. Clark v.…
1Opinion of the Court
ROY C.
— This is a suit to recover damages for personal injuries, tried in the circuit court of Linn county, at Brookfield, on a change of venue from. Livingston county. The verdict .being for defendant, plaintiff appeals.
The defendant is a municipal corporation under a special charter, having at the time of the trial a population of about ten thousand.
The facts constituting the negligence are stated in the petition as follows:
“That on or about February 20, 1906, and for a long time prior thereto there was a certain gate (which was about three feet high and three and one half feet long) so…
2Cases cited9 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Kiley v. City of KansasSupreme Court of Missouri · 1885
- Sheets v. Iowa State InsuranceSupreme Court of Missouri · 1910
- State v. Ma FooSupreme Court of Missouri · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Higginbotham v. KearseWest Virginia Supreme Court · 1931
- Sparks, Pro Ami v. Kansas City, Mo.Missouri Court of Appeals · 1942
- Morelock v. DegrawMissouri Court of Appeals · 1937
- Lund v. City of SeattleWashington Supreme Court · 1918
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933