Huff v. City of Marshall

CourtCourt of Appeal of Missouri (US)
Writing for the CourtEllison
Citation97 Mo. App. 542,71 S.W. 477
Decision Date05 January 1903
PartiesHUFF v. CITY OF MARSHALL.
71 S.W. 477
97 Mo. App. 542
HUFF
v.
CITY OF MARSHALL.
Court of Appeals at Kansas City, Missouri.
January 5, 1903.

DEFECTIVE SIDEWALK—INJURY TO PEDESTRIAN —CONTRIBUTORY NEGLIGENCE—INSTRUCTIONS —EVIDENCE.

1. Where plaintiff knew a sidewalk was out of repair, but did not know it was in such state that it might not be used, and was not looking down at the walk, but was carrying herself so that her vision was about as it is with ordinary pedestrians, and was walking immediately behind some ladies, when they met a man, who, in attempting to pass, stepped on the end of a board in the sidewalk, which caused it to suddenly rise in front of her and throw her, she is not shown, as matter of law, to have been negligent.

2. Though the second instruction, given at plaintiff's request, in an action for injury from a defective sidewalk, omitted to state that plaintiff, to recover, must have been free from negligence, yet the first one having required a finding that she was "without fault or negligence," and the third and fourth having been devoted especially to the subject of her negligence, and all her other instructions having included that proposition, and the jury having been cautioned in this regard in defendant's series of instructions, they cannot have been misled.

3. For the purpose of showing notice to a city of a defect in a sidewalk, the inquiry should not be limited to the very board which caused the accident, but it is enough that the evidence was confined to the condition of the walk in front of the premises where plaintiff fell and within a short space along that part of the walk.

Appeal from circuit court, Saline county; Samuel Davis, Judge.

Action by Helen B. Huff against the city of Marshall. Judgment for plaintiff. Defendant appeals. Affirmed.

J. F. Barbee, R. P. Spencer, and Harvey & Gower, for appellant. Rector & Lyons and Duggins & Rainey, for respondent.

ELLISON, J.


This is an action for damages resulting from personal injuries suffered by plaintiff in falling on one of the sidewalks in the streets of defendant. The judgment in the trial court was for the plaintiff. Since the verdict was for the plaintiff, we will state what the evidence in her behalf tended to prove. It appears therefrom that the board sidewalk at and along the place where she fell was in an unsafe condition by reason of the boards being nailed to stringers which had become old and rotten. That the walk had been in that condition for such length of time that the officers of the defendant city knew it, or might have known it if they had been diligent in...

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4 practice notes
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...plaintiff's fall and injury. Stewart v. George B. Peck Co., 234 Mo. App. 864, 135 S.W. (2d) 405, 411 (5); Hugg v. City of Marshall, 97 Mo. App. 542, 71 S.W. 477, l.c. 478; Miller v. Town of Canton, 112 Mo. App. 322, 87 S.W. 96, 98(9); Thompson v. City of Poplar Bluff, 124 Mo. App. 439, 101 ......
  • Cornette v. City of North Kansas City, No. WD33895
    • United States
    • Court of Appeal of Missouri (US)
    • August 2, 1983
    ...City, 138 Mo.App. 105, 119 S.W. 1084 (1909); Vance v. Kansas City, 123 Mo.App. 644, 100 S.W. 1101 (1907); Huff v. City of Marshall, 97 Mo.App. 542, 71 S.W. 477 (1903); Fadem v. City of St. Louis, 99 S.W.2d 511 (Mo.App.1936). There was ample evidence that defendant city had notice of this ge......
  • Muncy v. City of Bevier
    • United States
    • Court of Appeal of Missouri (US)
    • April 1, 1907
    ...had remained unguarded for such a length of time that knowledge by the city might be reasonably inferred. Huff v. City of Marshall, 97 Mo. App. 542, 71 S. W. Instruction No. 2 leaves out of consideration altogether knowledge by the city of the unguarded condition of the ditch prior to the a......
  • Carlisle v. Missouri Pac. Ry. Co.
    • United States
    • Missouri Court of Appeals
    • January 5, 1903
    ...as much bound to carry them to the point of destination as if it had directly contracted to carry them from the initial point of shipment 71 S.W. 477 to that of destination for the joint tariff rate, and this without reference to the number of its own cars that was reasonably necessary to e......
4 cases
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...plaintiff's fall and injury. Stewart v. George B. Peck Co., 234 Mo. App. 864, 135 S.W. (2d) 405, 411 (5); Hugg v. City of Marshall, 97 Mo. App. 542, 71 S.W. 477, l.c. 478; Miller v. Town of Canton, 112 Mo. App. 322, 87 S.W. 96, 98(9); Thompson v. City of Poplar Bluff, 124 Mo. App. 439, 101 ......
  • Cornette v. City of North Kansas City, No. WD33895
    • United States
    • Court of Appeal of Missouri (US)
    • August 2, 1983
    ...City, 138 Mo.App. 105, 119 S.W. 1084 (1909); Vance v. Kansas City, 123 Mo.App. 644, 100 S.W. 1101 (1907); Huff v. City of Marshall, 97 Mo.App. 542, 71 S.W. 477 (1903); Fadem v. City of St. Louis, 99 S.W.2d 511 (Mo.App.1936). There was ample evidence that defendant city had notice of this ge......
  • Muncy v. City of Bevier
    • United States
    • Court of Appeal of Missouri (US)
    • April 1, 1907
    ...had remained unguarded for such a length of time that knowledge by the city might be reasonably inferred. Huff v. City of Marshall, 97 Mo. App. 542, 71 S. W. Instruction No. 2 leaves out of consideration altogether knowledge by the city of the unguarded condition of the ditch prior to the a......
  • Carlisle v. Missouri Pac. Ry. Co.
    • United States
    • Missouri Court of Appeals
    • January 5, 1903
    ...as much bound to carry them to the point of destination as if it had directly contracted to carry them from the initial point of shipment 71 S.W. 477 to that of destination for the joint tariff rate, and this without reference to the number of its own cars that was reasonably necessary to e......

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