Angel v. City of Portageville
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court should have sustained defendant’s demurrer to plain tiff’s petition, as the petition does not state the character of the defect in the sidewalk, does not state that the sidewalk was dangerous, or unsafe, nor does it state that the injury complained of was caused by the defective sidewalk. Plummer v. City of Milan, 70 Mo. App. 598 ; Young v. Kansas City, 45 Mo.
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Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court should have sustained defendant’s demurrer to plain tiff’s petition, as the petition does not state the character of the defect in the sidewalk, does not state that the sidewalk was dangerous, or unsafe, nor does it state that the injury complained of was caused by the defective sidewalk. Plummer v. City of Milan, 70 Mo. App. 598 ; Young v. Kansas City, 45 Mo. App. 602 (2) The bill of exceptions in this case does' not show the defendant excepted to the action of the court in overruling its motion for new trial…
1Opinion of the CourtReynolds, P. J.
This is an action by respondent against the city of Portageville, to recover damages in the sum of $2000, for injuries alleged to have been sustained by her in consequence of a defective sidewalk in the defendant city. The answer, after a general denial, sets up that plaintiff, “if injured in the manner as set out in her petition, the same was the result of her own carelessness and negligence directly contributing thereto in this, ’ ’ and then sets up that plaintiff was going along the sidewalk in broad daylight and was crossing over the point where the hole was alleged to be with full…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Hanson v. NealSupreme Court of Missouri · 1908
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
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