Fairgrieve v. City of Moberly
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case aud facts are stated iu the opinion of tlie court. I. The court erred in overruling plaintiff’s motion for a new trial and in arrest. Welsh v. McAllister, 13 Mo.
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Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case aud facts are stated iu the opinion of tlie court. I. The court erred in overruling plaintiff’s motion for a new trial and in arrest. Welsh v. McAllister, 13 Mo. App. 89; 2 Sedgwick on Damages [7 Ed.] 66 ; 38 Wis. 300 ; 40 N. T. 551; Railroad v. Ashcraft, 48 Ala. 15; 26 Wis. 648; 2 Thomp. on Neg., sec. 58, p. 1266; Field on Dam., sec. 886 ; Reid v. Ins Oo., 58 Mo. 421; State v. Alexander, 66 Mo. 163-4 ; Edens v. Railroad, 72 Mo. 212. Damages must be left largely to the discretion of the jury,. It, however, is not at liberty…
1Opinion of the CourtPhilips, P. J.
This is an action for the recovery of damages for personal-injuries sustained by plaintiff consequent upon falling from one of defendant’s sidewalks, or street-crossings. The plaintiff, at the time of the injury, was about ten years old. The defendant is a municipal corporation. By ordinance defendant directed the laying down of a sidewalk along one of its streets, and where this street intersected with another street it directed a crossing, of certain material and width, to be constructed across the intersecting street. The claim of plaintiff is, that neither the sidewalk nor the crossing…
2Cases cited15 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- State v. HayesSupreme Court of Missouri · 1884
- Whitsett v. RansomSupreme Court of Missouri · 1883
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3Cited by10 opinions
- Brown v. ThomasMissouri Court of Appeals · 1958
- Davidson v. SchneiderSupreme Court of Missouri · 1961
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
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- Boggess v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
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