Maude Elmore v. Kansas City Book Reviews

Maude Elmore v. Kansas City by Kansas City District Missouri Court of Appeals Book Summary

Plaintiff, Mrs. Maude Elmore, sued defendant, Kansas City, Missouri, a municipal corporation, Standard Oil Company and Wilfred
E. Bray, that company's lessee of one of its service stations in Kansas City, for personal injuries suffered by her due to
a fall on the sidewalk at a point where it was crossed by the south driveway of the service station. No question is raised
regarding the pleadings or the evidence and only a general description of the relevant facts is necessary. After alighting
from the rear of a northbound bus stopped opposite the driveway and the sidewalk, plaintiff took two or three steps up the
driveway, reached the sidewalk, stepped in a hole in it and fell as a result and was injured. She testified that she did not
see the hole before she stepped into it. The defendants interposed the defense of contributory negligence. Verdicts were directed
for Standard Oil Company and its lessee Bray. The result of the trial was a verdict for $3500 for plaintiff and against the
City and it appeals. The City first contends that Plaintiff's Instruction 3B was reversibly erroneous in that it was incomplete and misleading,
and contradictory of Kansas City's Instruction No. 6 properly submitting the defense of contributory negligence. Plaintiff's
Instruction 3B read: "In connection with Instruction No. 6, which is known as a 'contributory negligence' instruction, you
are instructed that it was at all times the duty of the defendant, Kansas City, Missouri, to exercise ordinary care to keep
its sidewalks in a reasonably safe condition for the ordinary use of the public in walking on and passing thereover. You are,
therefore, instructed that as the plaintiff was traveling upon the said sidewalk and passing over the particular portion thereof,
as mentioned in evidence, she had a right to assume that the defendant, Kansas City, Missouri, had performed its duty aforesaid."

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