Snickles v. City of St. Joseph
Missouri Court of Appeals
Appeal from Bucbanan Circuit Court. — Eon. Eenry M. Barney, Judge. (1) Defendant’s demurrer should have been sustained for the reason that plaintiff was guilty of contributory negligence. Cowen y. Kansas City, 108 M'o. 394; Baker y. Railroad, 122 Mo. -550. (2) Defendant’s demurrer should haye been sustained because the evidence shows the sidewalk complained of was not defective. Fairgrieve v. Moberly, 39 Mo. App. 37; Grossenbach y.
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Appeal from Bucbanan Circuit Court. — Eon. Eenry M. Barney, Judge. (1) Defendant’s demurrer should have been sustained for the reason that plaintiff was guilty of contributory negligence. Cowen y. Kansas City, 108 M'o. 394; Baker y. Railroad, 122 Mo. -550. (2) Defendant’s demurrer should haye been sustained because the evidence shows the sidewalk complained of was not defective. Fairgrieve v. Moberly, 39 Mo. App. 37; Grossenbach y. Milwaukee, 65 Wis. 31. (3) Defendant’s demurrer should have been sustained because the written notice served upon the mayor did not sufficiently describe the…
1Opinion of the Court
JOHNSON, J. —
This is an action to recover damages for personal injuries sustained by plaintiff from falling on a board sidewalk in St. Joseph, a city of the second class. Plaintiff alleges that her injuries were caused by the negligence of defendant. The verdict of the jury was for the defendant but the trial court sustained plaintiff’s motion for a new trial on the ground that the verdict was against the weight of the evidence. Defendant appealed from the judgment awarding a new trial.
In such cases we do not interfere with the discretion exercised by the trial judge unless we find either…
2Cases cited7 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
- Lyons v. City of St. JosephMissouri Court of Appeals · 1905
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Quinn v. GrahamMissouri Court of Appeals · 1968
- Johnston v. Kansas CityMissouri Court of Appeals · 1922
- City of West Plains, Missouri v. Rosella Mae LoomisCourt of Appeals for the Eighth Circuit · 1960
- Gershon v. Kansas CityMissouri Court of Appeals · 1960
- Taylor v. City of SpokaneWashington Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.