Robinson v. Kansas City, No. 10981.

CourtMissouri Court of Appeals
Writing for the CourtJohnson
Citation179 Mo. App. 211,166 S.W. 343
Docket NumberNo. 10981.
Decision Date06 April 1914
PartiesROBINSON v. KANSAS CITY et al.
166 S.W. 343
179 Mo. App. 211
ROBINSON
v.
KANSAS CITY et al.
No. 10981.
Kansas City Court of Appeals. Missouri.
April 6, 1914.

MUNICIPAL CORPORATIONS (§ 759)—TORTS— DEFECTS IN STREETS—PARTIALLY IMPROVED STREET.

Where a strip in the center of a platted street had been cut down to the established grade, leaving the remainder thereof about six feet above the grade, the city extended no invitation to the public to use that portion which had not been graded, and therefore was not liable for injuries received by one who was coming down a path from the top of the bank to the graded portion of the street.

Appeal from Circuit Court, Jackson County; W. O. Thomas, Judge.

Action by J. Q. Robinson against Kansas City and another. From an order sustaining plaintiff's motion to set aside an involuntary nonsuit after the court sustained demurrers to the evidence, and granting a new trial, the defendants appeal. Reversed.

A. F. Evans, Jas. W. Garner, and Hunt C. Moore, all of Kansas City, for appellant Kansas City. Ball & Ryland, of Kansas City, for appellant Parker-Washington Co. Botsford, Deatherage & Creason, of Kansas City, for respondent.

JOHNSON, J.


Plaintiff sued to recover damages he sustained in consequence of personal injuries to his wife which, he alleges, were caused by negligence of defendants in failing to guard an embankment and excavation in one of the public streets of Kansas City which had been recently graded by the defendant the Parker-Washington Company under contract with the defendant city. Separate answers were filed; each containing a general denial and a plea of contributory negligence. At the close of plaintiff's evidence the court sustained demurrers to the evidence offered by the respective defendants, whereupon plaintiff took an involuntary nonsuit, and afterward the court sustained his motion to set it aside and ordered a new trial. Both defendants appealed.

The injury occurred about 8 o'clock p. m.

166 S.W. 344

November 3, 1906, at the intersection of Brighton avenue and Twenty-Third street, a locality in a remote residence district of the city. Brighton avenue runs north and south, Twenty-Third street east and west; the platted width of the latter street being 60 feet. There were numerous residences in the vicinity; but neither street had been graded until several months before the date of the injury, when the city had caused Brighton avenue to be graded to the established grade from Twenty-Third street south. The established grade at the intersection was 6 feet below the natural surface, and the contractor had extended the grading far enough into the intersection to enable him to cut a narrow approach in Twenty-Third street to the crossing. Shortly after this work was done the city let the contract to the Parker-Washington Company to grade Brighton avenue north from Twenty-Third to Twentieth street to the established grade. The contract contained the provision: "Approaches to all...

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8 practice notes
  • Drimmel v. Kansas City, No. 10728.
    • United States
    • Missouri Court of Appeals
    • May 4, 1914
    ...by virtue of which the law will impose on the city the burden of keeping such street in reasonably safe repair. Robinson v. Kansas City, 166 S. W. 343, decided by this court April 6, 1914, and not yet reported. As said in the Meiners Case: "No formal acceptance by the corporate officials, h......
  • Lawson v. Village of Hazelwood, No. 30885
    • United States
    • Missouri Court of Appeals
    • April 17, 1962
    ...St. Louis, 341, Mo. 1073, 111 S.W.2d 32; Hauck v. Kansas City Public Service, 239 Mo.App. 1092, 200 S.W.2d 608; Robinson v. Kansas City, 179 Mo.App. 211, 166 S.W. In the Carruthers case, plaintiff, a passenger in an automobile, was injured when the driver left the designated traveled portio......
  • Robison v. Kansas City, No. 17037.
    • United States
    • Missouri Supreme Court
    • December 22, 1915
    ...for defendants, and from judgment setting it aside, and granting new trial, they appeal. Affirmed, and cause remanded. See, also, 179 Mo. App. 211, 166 S. W. The following is the map referred to in the opinion: NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE A. F. Evans an......
  • City Of Norfolk v. Travis
    • United States
    • Virginia Supreme Court of Virginia
    • December 22, 1927
    ...any duty or liability with respect to the portion of the street allowed to remain in a state of nature. Robinson v. Kansas City, 179 Mo. App. 211, 214, 166 S. W. 343; Ely v. St. Louis, 181 Mo. 723, 730, 731, 81 S. W. 168; Brennan v. Streator, 256 111. 468, 100 N. E. 266. The above principle......
  • Request a trial to view additional results
8 cases
  • Drimmel v. Kansas City, No. 10728.
    • United States
    • Missouri Court of Appeals
    • May 4, 1914
    ...by virtue of which the law will impose on the city the burden of keeping such street in reasonably safe repair. Robinson v. Kansas City, 166 S. W. 343, decided by this court April 6, 1914, and not yet reported. As said in the Meiners Case: "No formal acceptance by the corporate officials, h......
  • Lawson v. Village of Hazelwood, No. 30885
    • United States
    • Missouri Court of Appeals
    • April 17, 1962
    ...St. Louis, 341, Mo. 1073, 111 S.W.2d 32; Hauck v. Kansas City Public Service, 239 Mo.App. 1092, 200 S.W.2d 608; Robinson v. Kansas City, 179 Mo.App. 211, 166 S.W. In the Carruthers case, plaintiff, a passenger in an automobile, was injured when the driver left the designated traveled portio......
  • Robison v. Kansas City, No. 17037.
    • United States
    • Missouri Supreme Court
    • December 22, 1915
    ...for defendants, and from judgment setting it aside, and granting new trial, they appeal. Affirmed, and cause remanded. See, also, 179 Mo. App. 211, 166 S. W. The following is the map referred to in the opinion: NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE A. F. Evans an......
  • City Of Norfolk v. Travis
    • United States
    • Virginia Supreme Court of Virginia
    • December 22, 1927
    ...any duty or liability with respect to the portion of the street allowed to remain in a state of nature. Robinson v. Kansas City, 179 Mo. App. 211, 214, 166 S. W. 343; Ely v. St. Louis, 181 Mo. 723, 730, 731, 81 S. W. 168; Brennan v. Streator, 256 111. 468, 100 N. E. 266. The above principle......
  • Request a trial to view additional results

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