Canter v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The demurrer offered by defendant at the close of the case and after all the evidence was introduced should have been sustained for the reason that the notice served upon the mayor of the city failed to allege the correct date of the injury received. For the reason that there was a variance in the evidence introdxxced as to the time of the injury received and the time stated in the notice.
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Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The demurrer offered by defendant at the close of the case and after all the evidence was introduced should have been sustained for the reason that the notice served upon the mayor of the city failed to allege the correct date of the injury received. For the reason that there was a variance in the evidence introdxxced as to the time of the injury received and the time stated in the notice. R. S. 1899, sec. 5724; Gardner v. New London, 28 Atl. 42; Larkin v. Boston, 128 Mass, 522; Freligh v. Directors of Sogrates, 70 Hun…
1Opinion of the CourtJohnson, J.
Action against St. Joseph, a city of the second class, to recover damages for personal injuries alleged to have been caused by the negligence of defendant in permitting an obstruction to remain in the *632roadway of one of- its public thoroughfares. Plaintiff had judgment in the sum of $1,900.
It is insisted that the jury should have been directed peremptorily to return a verdict in favor of defendant for the reason that the notice given by plaintiff, under the provisions of section 5724, Revised Statutes 1899, gave the 4th day of December, 1905, as the date of the injury, while the allegations of…
2Cases cited3 opinions
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Lyons v. City of St. JosephMissouri Court of Appeals · 1905
- Marsh v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
3Cited by15 opinions
- Parmenter v. McDougallCalifornia Supreme Court · 1916
- Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Reid v. Kansas CityMissouri Court of Appeals · 1917
- Tolbert v. City of BirminghamSupreme Court of Alabama · 1955
- Johnston v. Kansas CityMissouri Court of Appeals · 1922
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