Kelley v. City of St. Joseph

Decision Date05 May 1913
PartiesKELLEY v. CITY OF ST. JOSEPH.
CourtMissouri Court of Appeals

Appeal from Circuit Court, Buchanan County; Wm. D. Rusk, Judge.

Action by Samira Kelley against the City of St. Joseph. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

W. B. Norris, O. E. Shultz, and Phil. A. Slattery, all of St. Joseph, for appellant. Barney E. Reilly and Mytton & Parkinson, all of St. Joseph, for respondent.

ELLISON, J.

On the 13th of January, 1911, the streets of the city of St. Joseph were covered with snow and ice, and continued to be until the 21st of that month, when plaintiff fell on one of the sidewalks, and was injured. She brought this action against the city for damages, on the ground that the city was negligent in allowing the snow to get into ridges, and by thawing and freezing be transformed into ice of uneven surface and dangerous to pedestrians. She recovered judgment in the trial court.

Regarding the testimony in plaintiff's behalf as the facts of the case, as we must on the question of the propriety of a peremptory instruction to find for the defendant, we think a case was made for the jury, and hence sustain the trial court in overruling the demurrer to the evidence.

But plaintiff's first instruction is so clearly erroneous as to compel a reversal of the judgment. Defendant's principal defense was that a clear space had been cleaned from the granitoid sidewalk, ample for pedestrians, and that only the sides of the walk had become ridged up and uneven, and that any danger in the walk...

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8 cases
  • Randol v. Kline's, Inc.
    • United States
    • Missouri Supreme Court
    • April 28, 1932
    ...Marine Ins. Co., 249 S.W. 691; Link v. Westerman, 80 Mo. App. 592; Beggs v. Shelton, 173 Mo. App. 127, 155 S.W. 885; Kelley v. St. Joseph, 170 Mo. App. 358, 156 S.W. 804. (b) Instruction P-6 on the credibility of witnesses is erroneous. Keeline v. Sealy, 257 Mo. 528; Beck v. Met. Life Ins. ......
  • Jackson v. Western Union Telgraph Company
    • United States
    • Missouri Court of Appeals
    • May 6, 1913
    ... ... LouisMay 6, 1913 ...           Appeal ... from St. Louis City Circuit Court.--Hon. James E. Withrow, ...           ... Judgment affirmed ... ...
  • Smith v. North British & Mercantile Insurance Company
    • United States
    • Missouri Court of Appeals
    • July 2, 1924
    ... ... Co. (1911), Springfield Court of Appeals, 161 Mo.App ... 185, 210; Kelley v. The City of St. Joseph (1913), ... Kansas City Court of Appeals, 170 Mo.App. 358; Peoples ... ...
  • Kelley v. City of Joseph
    • United States
    • Kansas Court of Appeals
    • May 5, 1913
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