Elliott v. Kansas City
Supreme Court of Missouri
Error to Jackson Circuit Court. — Sow. James S. Slover, Judge.. The court erred in giving instruction 7 for defendant. It makes plaintiff responsible for the alleged unskillful treatment of Dr. Drake, without regard to the question of whether plaintiff used ordinary care in his employment; besides, there is not a scintilla of evidence in the record that he was not a reputable physician, as he was the graduate of a medical college and had been practicing for thirty years.
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Error to Jackson Circuit Court. — Sow. James S. Slover, Judge.. The court erred in giving instruction 7 for defendant. It makes plaintiff responsible for the alleged unskillful treatment of Dr. Drake, without regard to the question of whether plaintiff used ordinary care in his employment; besides, there is not a scintilla of evidence in the record that he was not a reputable physician, as he was the graduate of a medical college and had been practicing for thirty years. It also makes the plaintiff responsible for’lack of medical treatment.' This could only apply to the time plaintiff did not…
1Opinion of the CourtBurgess, J.
This is an action for $10,000 damages by plaintiff against the defendant city for personal injuries alleged to have been sustained by her .by reason of stepping into a hole in one of the sidewalks in said city. The defenses were general denial, and contributory negligence.
The trial resulted in a verdict and judgment for plaintiff in the sum of five hundred dollars. She *558brings the case to this court by writ of error for review.
The salient facts are about as follows. At the time of the accident plaintiff was about twenty-eight years of age, married and living with, her husband in Kansas City,…
2Cases cited9 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- City of Goshen v. EnglandIndiana Supreme Court · 1889
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Atherton v. DevineSupreme Court of Oklahoma · 1979
- Boehmer v. BoggianoSupreme Court of Missouri · 1967
- Parkell v. FitzporterSupreme Court of Missouri · 1923
- Pitcher v. SchochSupreme Court of Missouri · 1940
8 more not listed; retrieve them via the Exa API.