Legal Opinion

Rose v. Kansas City

Missouri Court of Appeals

Decided May 6, 1907PublishedCited by 9 opinions

Appeal from Jackson Circuit Court, — Hon. John G. Parle, Judge. (1) The verdict was so excessive as to show passion and prejudice on the part of the jury. Nicholds v. Glass Co., 126 Mo. 55; Johnson v. Eailroad, 67 Minn. 260; Collins v. Janesville, 111 Wis. 348; Bennett v. Backus L. Co., 77 Minn. 99; Corcoran v. Western D. E. Co., 40 N. Y. Supp. 1117. (2) The court erred in not granting a new trial on the ground of newly-discovered evidence.

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Appeal from Jackson Circuit Court, — Hon. John G. Parle, Judge. (1) The verdict was so excessive as to show passion and prejudice on the part of the jury. Nicholds v. Glass Co., 126 Mo. 55; Johnson v. Eailroad, 67 Minn. 260; Collins v. Janesville, 111 Wis. 348; Bennett v. Backus L. Co., 77 Minn. 99; Corcoran v. Western D. E. Co., 40 N. Y. Supp. 1117. (2) The court erred in not granting a new trial on the ground of newly-discovered evidence. Folding Bed Co. v. Eailroad, 148 M'o. 478; Howland v. Eeeves, 25 Mo. App. 458. (3) The court erred in this because the court refused to permit defendant’s…

1Opinion of the CourtBroaddus, P. J.

This is an action for damages for personal injury alleged to be the result of the negligence of the city in failing to keep its street in a reasonably safe condition. The respective parties do not differ materially in their statements of the main facts of the case. The plaintiff, a young woman twenty-two years of age and weighing about one hundred and forty pounds, was injnred at the southwest corner of Sixteenth and Wyoming streets in Kansas City, Missouri, by slipping on a loose brick at the edge of a hole in the street, the brick turning under her weight as she stepped upon it in alighting…

2Cases cited3 opinions

  1. Padgitt v. MollSupreme Court of Missouri · 1900
  2. Wright v. RichmondMissouri Court of Appeals · 1886
  3. Jackson v. Kansas CityMissouri Court of Appeals · 1904

3Cited by9 opinions

  1. State v. Van HornSupreme Court of Missouri · 1956
  2. Boedeker Ex Rel. Boedeker v. WrightSupreme Court of Missouri · 1958
  3. Prague v. EddySupreme Court of Missouri · 1948
  4. Lattimore v. Union Electric Light & Power Co.Missouri Court of Appeals · 1907
  5. Sawyer v. BrownSupreme Court of Oklahoma · 1925

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