Noble v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. H. L. McGune, Judge. (1) The petition does not state a cause of action against defendant, (a) Because it does not allege that the accident happened in a public street of defendant; (b) because it does not state that defendant, after actual or constructive notice of the alleged defective condition, had a reasonable opportunity to repair said street before the accident and failed so to do.
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Appeal from Jackson Circuit Court. — How. H. L. McGune, Judge. (1) The petition does not state a cause of action against defendant, (a) Because it does not allege that the accident happened in a public street of defendant; (b) because it does not state that defendant, after actual or constructive notice of the alleged defective condition, had a reasonable opportunity to repair said street before the accident and failed so to do. Therefore, the court erred in overruling defendant’s objection to the introduction -of any evidence under it. Richardson v. City of Marceline, 73 Mo. App. 364; Maus…
1Opinion of the CourtWoodson, J.
This action was instituted to recover $10,000 damages for personal injuries, alleged to have been sustained by plaintiff by stepping in an unguarded excavation in one of the public streets of Kansas City.
*124A trial was had before the court and a jury, which resulted in a verdict and judgment in favor of plaintiff for one cent. In due time plaintiff filed a motion for a new trial, and among other grounds assigned therein was that the damages assessed were inadequate to the injuries sustained by plaintiff, and was against the weight of the evidence. In due course the court took up the motion, and,…
2Cases cited5 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Parker v. CassinghamSupreme Court of Missouri · 1895
- Thompson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
3Cited by2 opinions
- Davidson v. SchneiderSupreme Court of Missouri · 1961
- Powell v. BatchelorMissouri Court of Appeals · 1915