State Ex Rel. Kansas City v. Ellison
Supreme Court of Missouri
Certiorari. (1) The trial court erred in refusing' to give the peremptory instructions asked by the defendant, and' the decision of the Court of Appeals affirming its rulings in that regard is at variance with controlling1 decisions of this court, (a) A person has a right to u;se only1 that part of public property to which he is invited, either expressly or by implication.
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Certiorari. (1) The trial court erred in refusing' to give the peremptory instructions asked by the defendant, and' the decision of the Court of Appeals affirming its rulings in that regard is at variance with controlling1 decisions of this court, (a) A person has a right to u;se only1 that part of public property to which he is invited, either expressly or by implication. There being no invitation, express or implied, to use that part of the park on which plaintiff was playing at the time of his injury, the city is not responsible for his injury,. Ely v. St. Louis, 181 Mo. 729; Glaser v.…
1Opinion of the Court
GRAVES, J .
Certiorari to the Kansas City Court of Appeals. By this proceeding it is sought to have this court quash the judgment of the Court of Appeals in the case of Russell Barnett, by next friend, respondent, v. Kansas City, appellant.
The opinion of the Court of Appeals neither outlines the petition nor answer in the case, although, reference, in a way, is made to both. Nor is the substance of the instructions considered by the opinion set out with clarity in the opinion. 'In the opinion we find this brief reference to the instructions:
“Defendant has presented a great number of criticisms…
2Cases cited7 opinions
- Kelly v. BenasSupreme Court of Missouri · 1909
- Stendal v. BoydSupreme Court of Minnesota · 1898
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Richards v. ConnellNebraska Supreme Court · 1895
- Buddy v. Union Terminal Railway Co.Supreme Court of Missouri · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- State Ex Rel. National Council of Knights & Ladies of Security v. TrimbleSupreme Court of Missouri · 1922
- State Ex Rel. Kansas City Light & Power Co. v. TrimbleSupreme Court of Missouri · 1926
- Schilz v. Walter Kassuba, Inc.Wisconsin Supreme Court · 1965
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
15 more not listed; retrieve them via the Exa API.