Quarles v. Kansas City

• Decision Date: 31 May 1909
• Parties: QUARLES v. KANSAS CITY.
• Court: Missouri Court of Appeals

119 S.W. 1019

138 Mo. App. 45

QUARLES v. KANSAS CITY.

Kansas City Court of Appeals. Missouri.

May 31, 1909.

1. MUNICIPAL CORPORATIONS (§ 771)—INJURIES TO PEDESTRIANS—ICE ON SIDEWALK.

A city is not liable for injuries caused by falling on ice which lies upon the surface of the city; but, if it permits such ice to become and remain in such uneven, rough, or rounded-up condition as to become a dangerous obstruction to travel by pedestrians, the city is liable.

2. MUNICIPAL CORPORATIONS (§ 819)—INJURIES TO PEDESTRIANS—ICE—SUFFICIENCY OF EVIDENCE.

In an action for injuries to a pedestrian by falling on ice in a city street, evidence held to show that the city allowed the ice to get uneven and rough, and remain so, so as to render the city liable for the injury.

3. APPEAL AND ERROR (§ 882)—ESTOPPEL TO ALLEGE ERROR—ADMISSION OF EVIDENCE.

A defendant cannot complain of the admission of evidence thrown into the case by questions propounded by him.

Appeal from Circuit Court, Jackson County; James H. Slover, Judge.

Action by William A. Quarles against Kansas City for personal injury. From a judgment for plaintiff, defendant appeals. Affirmed.

E. C. Meservey, City Counselor, and Chas. H. Thompson, Asst. City Counselor, for appellant. Reed, Atwood, Yates, Mastin & Harvey, for respondent.

ELLISON, J.

This action was instituted to recover damages resulting from plaintiff falling on one of defendant's sidewalks, which he charges was negligently left in an unsafe condition for travel. The judgment in the trial court was for the plaintiff. The negligence charged is that defendant, at a designated point on West Eleventh street, "carelessly and negligently permitted a large, thick, rough, uneven, irregular, and rounded coating of ice and snow to be, accumulate, and remain, thereby causing said sidewalk, at said place, to be rough and uneven and slippery, and thereby caused the same to be dangerous and unsafe to persons lawfully using the same." There was evidence tending to support that charge, and it follows under the law that plaintiff's cause of action was established. A city is not liable for injuries caused by falling on ice which lays upon the surface of the city, yet, if it is permitted to become and remain in such uneven, rough, or rounded-up condition as to become a dangerous obstruction to travel by pedestrians, the city is liable. Reno v. St. Joseph, 169 Mo. 642, 70 S. W. 123; Peters v. St. Joseph 117 Mo. App. 499, 92 S. W. 1165; Quinlan v. Kansas City, 104 Mo. App. 616, 78 S. W. 660. The case, as made by the evidence, falls directly under the authority of those adjudications. Indeed, there is no substantial...