Baker v. City of Independence
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». A. F. Evans, Judge. (1) The trial court erred in giving plaintiff’s instruction No. 2. Said instruction assumed that the sidewalk was defective, when it should have left that question, the most important one of the case, for the jury to answer, from the evidence.
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Appeal from Jackson Circuit Court. — Ho». A. F. Evans, Judge. (1) The trial court erred in giving plaintiff’s instruction No. 2. Said instruction assumed that the sidewalk was defective, when it should have left that question, the most important one of the case, for the jury to answer, from the evidence. (2) The court erred in giving plaintiff’s instruction No. 3. . Said- instruction fails to restrict the right of recovery to the specific act of negligence alleged in the petition, and also fails to express the principle that defendant had a reasonable time to repair, after it knew or by the…
1Opinion of the CourtBroaddus, J.
The plaintiff sued to recover for loss of services of his wife whom it is alleged was injured by reason of having fallen upon one of defendant’s streets, whereby she was rendered unable to perform her household duties, etc. The petition charges: ‘ ‘ That said sidewalk or crossing had been in the unsafe and dangerous condition hereinafter set forth for a long time prior to November 7, 1898, and for such a length of time as that defendant knew, and did know, or by the exercise of ordinary care could have known of such unsafe and dangerous condition. . . .” The defect which caused plaintiff to…
2Cases cited2 opinions
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Baker v. City of IndependenceMissouri Court of Appeals · 1902
3Cited by3 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- O'Donnell v. City of HannibalMissouri Court of Appeals · 1910
- Hitt v. Kansas CityMissouri Court of Appeals · 1905