Mitchell v. City of Plattsburg
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — How. James M. Sandusky, Judge. (1) The court erred in admitting any testimony under the petition. (2) The court erred in permitting plaintiff to prove that after the accident the defendant repaired the sidewalk where plaintiff claimed to have been injured. Morse v. Railroad, 30 Minn. 465-8; . Hally v. Carpet Co., 51 Conn. 524, 531; Proof and Pleadings in Accident Cases (Black), 38, 39, 40, and cases cited ; Dillon Mun.
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Appeal from the Clinton Circuit Court. — How. James M. Sandusky, Judge. (1) The court erred in admitting any testimony under the petition. (2) The court erred in permitting plaintiff to prove that after the accident the defendant repaired the sidewalk where plaintiff claimed to have been injured. Morse v. Railroad, 30 Minn. 465-8; . Hally v. Carpet Co., 51 Conn. 524, 531; Proof and Pleadings in Accident Cases (Black), 38, 39, 40, and cases cited ; Dillon Mun. Corp. [3 Ed.] p. 1051, sec. 1027 and note; Cramer v. Burlington, 45 Iowa, 627. (3) The court erred in allowing plaintiff to prove…
1Opinion of the CourtEllison, J.
This action is for a personal injury occasioned by a defective sidewalk. The petition among other things charges : “ Tha,t the plaintiff, in the nighttime of the day aforesaid, was lawfully walking upon said sidewalk, on said street, and, wholly unaware of any *558danger, accidentally, and without fault or negligence on her part, stepped or fell into said hole, whereby her foot and ankle were caught, and she was thrown violently upon sidewalk and into the ditch along and adjacent thereto, whereby she received great bodily injury, and was made sick and sore, and lame in her right arm and hand;…
2Cases cited6 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
- Copp v. HardyMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Ross v. Kansas CityMissouri Court of Appeals · 1892
- Bowles v. Kansas CityMissouri Court of Appeals · 1892
- Woods v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1892
- Rusher v. City of AuroraMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.