76 Mo. 438 | Mo. | 1882
The plaintiff recovered $500 for injuries received by her in consequence of a defect in a sidewalk on the south side of twelfth street in the City of Kansas, over which she was passing on the 28th day of April, 1878. The petition alleges, in substance, that Twelfth street was, at the time stated, one of the most public thoroughfares
It is unnecessary to examine the phraseology of the petition critically and in detail. The petition is certainly good after verdict. It was unnecessary to allege, as the defendant contends, that the city authorized the construction of the sidewalk in question, or that it had adopted it as its own, or that it owned said sidewalk. Oliver v. The City of Kansas, 69 Mo. 79.
As there was ample testimony from which the jury might fairly infer that the city had been guilty of negligence in failing to repair the sidewalk by which plaintiff was injured, and as the instructions fairly presented the law applicable to the facts in evidence, we affirm the judgment.