Haxton v. Kansas City
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Eon. W. W. Graves, Judge. (1) Appellant’s demurrer to the evidence should have been sustained, (a) There is no proof that the place in question was a public street of tbe city. Down-end v. Kansas City, .156 Mo. 60. (b) Even if it was a public street, the undisputed evidence shows that there was a perfectly safe sidewalk and crossing, at the proper and ordinary place, and within a few feet of the place where the plaintiff desired to cross.
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Appeal from Benton Circuit Court. — Eon. W. W. Graves, Judge. (1) Appellant’s demurrer to the evidence should have been sustained, (a) There is no proof that the place in question was a public street of tbe city. Down-end v. Kansas City, .156 Mo. 60. (b) Even if it was a public street, the undisputed evidence shows that there was a perfectly safe sidewalk and crossing, at the proper and ordinary place, and within a few feet of the place where the plaintiff desired to cross. She voluntarily chose to cross at an irregular place. The city had not put that part of the street into use for…
1Opinion of the CourtGantt, J.
This is an action against Kansas City for damages resulting from personal injuries received by tbe plaintiff June 19, 1900, by falling ibto a bole at tbe northwest corner of Ninth and Jefferson streets in Kansas City, Missouri, and striking tbe small of her back against tbe end of an iron gas pipe extending up from tbe bottom of said bole, and by a severe sprain of her left ankle, by reason of tbe turning of a stepping stone and tbe rolling of the same upon her said ankle. Tbe petition charges tbat tbe city negligently maintained this bole in said street; tbat it neglectfully maintained said…
2Cases cited6 opinions
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
- Wright v. Kansas CitySupreme Court of Missouri · 1905
- State v. LynnSupreme Court of Missouri · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Langhammer v. CITY OF MEXICO, MISSOURISupreme Court of Missouri · 1959
- Western Stoneware Co. v. Pike County Mineral Springs Co.Missouri Court of Appeals · 1913
- Campbell v. WellerWyoming Supreme Court · 1917
- Ex Parte SangsterSupreme Court of Missouri · 1922
- Cook v. PenrodMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.