Legal Opinion

Diamond v. Kansas City

Missouri Court of Appeals

Decided October 1, 1906PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. — Hon. Henry L. MoGune, Judge. (1) The court erred in not sustaining the demurrer of the defendant to the evidence. Wheat v. St. Louis, 179 Mo. 572; Erie v. Magill, 101 Pa. St. 616; Parkhill v. Brighton, 61 la. 103-108; Wilson v. Worcester, 8 Allen 137-138; Church v. Howard, 111 Mich. 298; Quincy v. Barker, 81 111. 300; Tuffree v. State Center, 57 la. 538; Benton v. Philadelphia, 198 Pa.

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Appeal from Jackson Circuit Court. — Hon. Henry L. MoGune, Judge. (1) The court erred in not sustaining the demurrer of the defendant to the evidence. Wheat v. St. Louis, 179 Mo. 572; Erie v. Magill, 101 Pa. St. 616; Parkhill v. Brighton, 61 la. 103-108; Wilson v. Worcester, 8 Allen 137-138; Church v. Howard, 111 Mich. 298; Quincy v. Barker, 81 111. 300; Tuffree v. State Center, 57 la. 538; Benton v. Philadelphia, 198 Pa. St. 396; Dale v. Webster Co., 76 la. 370; Cloney v. Kalamazoo, 4 Mun. Corp. 640; Tasker v. Farmingdale, 91 Me. 521; Gilman v. Deerfield, 15 Gray 577; Cowie v. Seattle, ■4…

1Opinion of the CourtJohnson, J.

Action for damages resulting from personal injuries alleged to have been caused by a negligent defect in a public sidewalk. A verdict was returned in favor of plaintiff in the sum of $5.000. He re*187mitted $500 and judgment was entered for $4,500, from which 'defendant appealed.

The injury was inflicted March 24, 1903, at about midnight on Allen avenue between Eighteenth and Nineteenth streets in Kansas City. This street ascends from the west bottoms to the top of the bluff in a northerly direction. At the time mentioned, the roadway for vehicles was unimproved, rough and muddy. Immediately west…

2Cited by9 opinions

  1. Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
  2. Costello v. City of KansasMissouri Court of Appeals · 1921
  3. Border v. City of SedaliaMissouri Court of Appeals · 1912
  4. Knight v. Kansas CityMissouri Court of Appeals · 1909
  5. Sheridan v. City of St. JosephMissouri Court of Appeals · 1937

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