Brubaker v. Kansas City Electric Light Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, Henry L. McOune, Judge. (1) Did plaintiff prove that defendant owned or maintained the wires in question, and if so was that issue fairly submitted to the jury? (2) The issue submitted in plaintiff’s instruction was not the issue made in his petition. (3) There was no evidence of knowledge or notice of this wire by defendant. (4) What was the proximate cause of the accident? Luehrman v. Laclede Gas Light Co., 127 Mb.
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Appeal from Jackson Circuit Court. — Hon, Henry L. McOune, Judge. (1) Did plaintiff prove that defendant owned or maintained the wires in question, and if so was that issue fairly submitted to the jury? (2) The issue submitted in plaintiff’s instruction was not the issue made in his petition. (3) There was no evidence of knowledge or notice of this wire by defendant. (4) What was the proximate cause of the accident? Luehrman v. Laclede Gas Light Co., 127 Mb. App. 213; 104 S. W. 1128. (5) Was the plaintiff guilty of contributory negligence? (1) Persons who for their own private gain or profit,…
1Opinion of the CourtJohnson, J.
Plaintiff, a minor, brought suit by his next friend to recover damages resulting from personal injuries which he alleges were caused by the negligence of defendant. Verdict and judgment were for plaintiff in the sum of one thousand dollars. Defendant contends for a reversal of the judgment on the ground that its demurrer to the evidence should have been sustained, and first we shall consider the questions involved in that contention.
The injury occurred on the afternoon of August 23, 1905, in a public alley between Seventh and Eighth streets in Kansas City. Plaintiff, a boy nine years *443old,…
2Cases cited4 opinions
- Union Pac. Ry. Co. v. CallaghanCourt of Appeals for the Eighth Circuit · 1893
- Mann v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Luehrmann v. Laclede Gas Light Co.Missouri Court of Appeals · 1907
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
3Cited by18 opinions
- Hamilton v. Laclede Electric CooperativeSupreme Court of Missouri · 1956
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
- Snyder v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1916
- Graves v. Interstate Power Co.Supreme Court of Iowa · 1920
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
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