Asbill v. City of Joplin

• Decision Date: 03 January 1910
• Citation: 124 S.W. 22,140 Mo. App. 259
• Parties: ASBILL v. CITY OF JOPLIN.
• Court: Missouri Court of Appeals

124 S.W. 22

140 Mo. App. 259

ASBILL v. CITY OF JOPLIN.

Springfield Court of Appeals. Missouri.

January 3, 1910.

1. MUNICIPAL CORPORATIONS (§ 821) — OBSTRUCTION IN STREET — PERSONAL INJURIES — EVIDENCE.

In an action against a city for personal injuries from falling over a wire stretched across the sidewalk, plaintiff's testimony that the night was dark, that there was nothing to notify her of the obstruction, and while walking in the ordinary manner she tripped and fell, with the fact that the city had granted the permit to have the sidewalk constructed, entitled plaintiff to go to the jury.

2. APPEAL AND ERROR (§ 997) — DIRECTION OF VERDICT — QUESTION FOR TRIAL COURT.

In an action against a city for personal injuries from falling over a wire stretched across the sidewalk, where plaintiff testified that there were no lights or barriers to notify her that the wire was across the walk, and two witnesses for defendant testified that a barrier and light were properly placed early in the evening, whether a verdict should be directed for defendant was for the trial court.

3. MUNICIPAL CORPORATIONS (§ 821) — OBSTRUCTION OF STREET — PERSONAL INJURIES — WEIGHT TO BE GIVEN EVIDENCE — QUESTION FOR JURY.

In an action against a city for personal injuries from falling over a wire stretched across the sidewalk, where plaintiff testified that there were no lights or barriers to notify her that the wire was across the walk, and two witnesses for defendant testified that a barrier and light were properly placed early in the evening, the question was for the jury.

4. TRIAL (§ 296) — INSTRUCTION — CURE OF ERROR.

Where the court, in an instruction given in behalf of plaintiff, failed to mention one of defendant's principal defenses, but later upon defendant's request gave an instruction which clearly submitted the issue, the failure to submit the defense in the first instruction was not reversible error.

Appeal from Circuit Court, Jasper County; David E. Blair, Judge.

Action by Ola E. Asbill against the City of Joplin. Judgment for plaintiff, and defendant appeals. Affirmed.

Mercer Arnold, for appellant. Clay & Davis, for respondent.

GRAY, J.

This cause was commenced in the Jasper county circuit court to recover damages for personal injuries which plaintiff claims she received in June, 1907, in falling, caused by tripping on a wire across one of the sidewalks on a public street in the city of Joplin. Her evidence tended to establish the fact that Eighteenth street, at the time complained of, was a public street in the city of Joplin; that the city had given a permit to one Powell to lay and construct a concrete sidewalk on said street; and that while said walk was being laid, and before the sidewalk was opened to the traveling public, there was strung across the end of said walk a wire, intending to prevent persons from passing onto and over said walk. She alleged in her petition that the contractor and defendant failed to set out a danger signal to notify persons of the obstruction caused by stretching said wire across the walk; that on said...