Butler v. Boynton
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, James H. Stover, Judge. (1) The petition is not sufficient to support the judgment. McLaran v. WMlhelm, 50 Mo. App. 661; Slaughter v. Davenport, 151 Mo. 26-33; Clark v. Cable, 21 Mo. 223; Ryan v. Riddle, 78 Mo. 521; Rainey v. Smizer, 28 Mo. 310. (2) The judgment is not supported by the record. Authorities under point one.
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Appeal from Jackson Circuit Court. — Hon, James H. Stover, Judge. (1) The petition is not sufficient to support the judgment. McLaran v. WMlhelm, 50 Mo. App. 661; Slaughter v. Davenport, 151 Mo. 26-33; Clark v. Cable, 21 Mo. 223; Ryan v. Riddle, 78 Mo. 521; Rainey v. Smizer, 28 Mo. 310. (2) The judgment is not supported by the record. Authorities under point one. (3) The petition did not state a cause of action in favor of E. Fannie Butler, but one in favor of the two plaintiffs jointly, and a recovery should not have been permitted on any other than a joint cause of action and that could not…
1Opinion of the CourtJohnson, J.
Plaintiffs alleged in their petition that “they are now and at all times hereinafter mentioned were husband and wife and owners of” certain lots-of land in Kansas Gity . . . that defendant Boynton “negligently placed in the alley in the rear of plaintiffs’ said property a large amount of stone, dirt, manure and rubbish, which changed the grade of said alley, rendered the same impassable, prevented access from along said alley . . . and constituted such an obstruction . . . as to cause surface water to be collected . . . and deposited upon plaintiffs’ property.” Damages were laid at $1,500.…
2Cases cited13 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Clark v. CableSupreme Court of Missouri · 1855
- Gilbert v. DickersonNew York Supreme Court · 1831
- Rainey v. SmizerSupreme Court of Missouri · 1859
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3Cited by5 opinions
- Peters v. McDonoughSupreme Court of Missouri · 1931
- Ellis v. Springfield-Southwestern Railway Co.Missouri Court of Appeals · 1908
- Lumerate v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Merriman v. City of SpringfieldMissouri Court of Appeals · 1910
- Walker v. LewisMissouri Court of Appeals · 1910