Lindsay v. Kansas City
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The verdict of the jury is not only not supported by evidence, but is directly contrary to the evidence and cannot stand. Reman v. Boston Trading Co.. 87 Mo. App. 186; Kreis v. Railroad, 30 S. W. 310; Lawson v. Mills, 130 Mo. 170; (2) The damages assessed by the jury are excessive for the injury plaintiff sustained.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The verdict of the jury is not only not supported by evidence, but is directly contrary to the evidence and cannot stand. Reman v. Boston Trading Co.. 87 Mo. App. 186; Kreis v. Railroad, 30 S. W. 310; Lawson v. Mills, 130 Mo. 170; (2) The damages assessed by the jury are excessive for the injury plaintiff sustained. Thomas v. Consolidated Traction Co., 62 N. J. L. 36; Ryder v. Mayor, 50 N. Y. Super. 220; Railroad v. Anderson, 80 111. App. 71. (3) The first instruction asked by plaintiff as to damages is clearly erroneous, as…
1Opinion of the CourtGantt, J.
— On the 27th of September, 1901, the plaintiff, Miss Clara Lindsay, commenced action for damages for personal injuries against Kansas City. In her petition she alleges that Kansas City is a municipal corporation organized under a freeholders’ charter, and that Southwest boulevard is one of the streets in said city, used by the general public for the purpose of travel. It is then alleged that prior to and on the 13th day of July, 1901, the said city carelessly and negligently failed and neglected to place and maintain barriers, lights or other warnings at or near a hole in said Southwest…
2Cases cited1 opinion
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
3Cited by12 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929
- Shinn v. United Railways Co.Missouri Court of Appeals · 1910
- Stutzke v. Consumers Ice & Fuel Co.Missouri Court of Appeals · 1911
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