Gable v. City of Kansas City

CourtUnited States State Supreme Court of Missouri
Writing for the CourtRobinson
Citation148 Mo. 470,50 S.W. 84
PartiesGABLE v. CITY OF KANSAS CITY.
Decision Date07 March 1899
50 S.W. 84
148 Mo. 470
GABLE
v.
CITY OF KANSAS CITY.
Supreme Court of Missouri, Division No. 1.
March 7, 1899.

MUNICIPAL CORPORATIONS — ACTION FOR INJURIES ON SIDEWALKS — EVIDENCE.

In an action for injuries alleged to have been caused by a defective sidewalk, evidence of a similar accident to another at the same place is inadmissible.

Appeal from circuit court, Jackson county; E. L. Scarritt, Judge.

Action by Carrie E. Gable against the city of Kansas City. From a verdict and judgment for defendant, plaintiff appeals. Affirmed.

Geo. W. Day, for appellant. Herbert S. Hadley, for respondent.

ROBINSON, J.


By this action plaintiff sought to recover damages for personal injuries alleged to have been sustained by her in consequence of the defective condition of a board sidewalk on one of the streets of Kansas City, Mo. Plaintiff's claim is that on the 12th day of June, 1894, while walking on the sidewalk on the west side of Flora avenue, in Kansas City, between Eleventh and Twelfth streets, she stepped into a hole in the sidewalk, fell, and was seriously injured; the hole being concealed, or partly concealed, from view by a growth of weeds and other vegetation. The answer was a general denial, coupled with a plea of contributory negligence. There was a trial in the circuit court, which resulted in a verdict for the defendant, and the plaintiff, after the usual preliminaries, has appealed.

The testimony on the merits is neither preserved in the bill of exceptions nor abstracted in this record. The record simply shows that plaintiff offered testimony, through herself and other witnesses, tending to support the allegations of her petition, and that defendant offered testimony tending to support the allegations of its answer; and that, of the witnesses called by the plaintiff, one Ritta Hayes, after stating that she was acquainted with the condition of the sidewalk in June, 1894, at the place where plaintiff was injured, and that it was in a bad condition, and that she believed a little of it was broken off at each corner, and that she frequently used the walk in going to and from her home to different parts of the city, was asked the following question: "Did you ever fall or go through the walk at that point?" This question, on the objection of defendant, was excluded by the trial court, and the plaintiff excepted; the court saying, at the time of sustaining the objection, "The witness may state the condition of the sidewalk." The only...

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16 practice notes
  • Manson v. May Dept. Stores Co., No. 22824.
    • United States
    • Court of Appeal of Missouri (US)
    • June 5, 1934
    ...by falling plaster was not competent, relevant or material and defendant's objection thereto was properly sustained. Gable v. Kansas City, 148 Mo. 470. (e) Where plaintiff's evidence was stricken out or objection to question was sustained by trial court, and no offer of proof was made or ex......
  • Friedman v. United Rys. Co. of St. Louis, No. 22728.
    • United States
    • Missouri Supreme Court
    • March 18, 1922
    ...appellant's care or lack of care in this case. Appellant cites no authorities. Respondent urges upon our attention Goble v. Kansas City, 148 Mo. 470, 50 S. W. 84, wherein this court ruled that it was improper to admit testimony of other accidents in the suit against the city, involving a de......
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...Robinson v. Bush, 200 S.W. 757; Gauerke v. Kiley, 177 N.E. l.c. 892; Taylor v. Kansas City, 112 S.W. (2d) l.c. 566; Gable v. Kansas City, 50 S.W. 84; Smart v. Kansas City, 91 Mo. App. 686. (2) The trial court erred in giving plaintiff's main instruction. Allen v. Kansas City, 64 S.W. (2d) 7......
  • Calcaterra v. Iovaldi
    • United States
    • Missouri Court of Appeals
    • November 13, 1906
    ...note 1. In this state the admissibility of previous accidents at a defective place in a sidewalk was considered in Goble v. Kansas City, 148 Mo. 470, 50 S. W. 84, and such evidence ruled to be inadmissible, in effect overruling Golden v. Clinton, 54 Mo. App. 100. In the opinion in the Goble......
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16 cases
  • Manson v. May Dept. Stores Co., No. 22824.
    • United States
    • Court of Appeal of Missouri (US)
    • June 5, 1934
    ...by falling plaster was not competent, relevant or material and defendant's objection thereto was properly sustained. Gable v. Kansas City, 148 Mo. 470. (e) Where plaintiff's evidence was stricken out or objection to question was sustained by trial court, and no offer of proof was made or ex......
  • Friedman v. United Rys. Co. of St. Louis, No. 22728.
    • United States
    • Missouri Supreme Court
    • March 18, 1922
    ...appellant's care or lack of care in this case. Appellant cites no authorities. Respondent urges upon our attention Goble v. Kansas City, 148 Mo. 470, 50 S. W. 84, wherein this court ruled that it was improper to admit testimony of other accidents in the suit against the city, involving a de......
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...Robinson v. Bush, 200 S.W. 757; Gauerke v. Kiley, 177 N.E. l.c. 892; Taylor v. Kansas City, 112 S.W. (2d) l.c. 566; Gable v. Kansas City, 50 S.W. 84; Smart v. Kansas City, 91 Mo. App. 686. (2) The trial court erred in giving plaintiff's main instruction. Allen v. Kansas City, 64 S.W. (2d) 7......
  • Calcaterra v. Iovaldi
    • United States
    • Missouri Court of Appeals
    • November 13, 1906
    ...note 1. In this state the admissibility of previous accidents at a defective place in a sidewalk was considered in Goble v. Kansas City, 148 Mo. 470, 50 S. W. 84, and such evidence ruled to be inadmissible, in effect overruling Golden v. Clinton, 54 Mo. App. 100. In the opinion in the Goble......
  • Request a trial to view additional results

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