Harrington v. City of Sedalla
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. Plaintiffs are husband and wife. Their claim is for personal injuries to Mrs. Harrington caused by a ■ defective plank walk in a street in Sedalia. The defense-asserts her contributory negligence and that the place where the injury occurred was not part of the public highway. An addition to the city had been laid out by plat, approved by the municipal authorities and recorded by the land-owner.
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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. Plaintiffs are husband and wife. Their claim is for personal injuries to Mrs. Harrington caused by a ■ defective plank walk in a street in Sedalia. The defense-asserts her contributory negligence and that the place where the injury occurred was not part of the public highway. An addition to the city had been laid out by plat, approved by the municipal authorities and recorded by the land-owner. It represented the place in question as part of a dedicated street. Whether or not the .city had opened it to public travel, before th.8…
1Opinion of the CourtB a eclat, J.
— I. Plaintiffs complain of the action of the court in submitting to the jury by an instruction the question whether the street where the injury *587occurred “was then and there necessary for the convenience and use of the traveling public,” and in repeating that idea in other instructions given for defendant.
This objection loses whatever force it might otherwise have when it is noted that the court approved the same theory at the instance of plaintiffs themselves.
We find recited in the fifth instruction for plaintiffs, among the facts necessary to a recovery, the following :
“And if the public…
2Cited by11 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Hill v. City of SedaliaMissouri Court of Appeals · 1896
- Lapierre v. Kinney Coal Co.Missouri Court of Appeals · 1929
- Church v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
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