Lyons v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. K. Amide, Special Judge. (1) The notice introduced in evidence did not state the circumstances of the injury. So far as any information in the notice is concerned, the injury might have been caused by ice or snow, an incline in the walk, a wet condition thereof, a banana peel, a protruding gas pipe, a broken plank, absence of bricks, water flowing under the walk, a telephone pole, an electric wire, or even a common assault.
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Appeal from Buchanan Circuit Court. — Hon. W. K. Amide, Special Judge. (1) The notice introduced in evidence did not state the circumstances of the injury. So far as any information in the notice is concerned, the injury might have been caused by ice or snow, an incline in the walk, a wet condition thereof, a banana peel, a protruding gas pipe, a broken plank, absence of bricks, water flowing under the walk, a telephone pole, an electric wire, or even a common assault. (2) The notice is a condition precedent to maintaining the suit and it must have reasonable certainty to he of any use…
1Opinion of the CourtJohnson, J.
Action for personal injuries alleged to have been received from a fall occasioned by a defective sidewalk. Plaintiff recovered judgment. The notice given defendant as required by section 5724, Revised Statutes 1899, is attacked for insufficiency in failing to specify the circumstances of the injury. It is as follows:
“You are hereby notified that I, Elizabeth Lyons, will institute an action against the city of- St. Joseph and others who may be'jointly liable for damages by reason of injuries sustained by me on the 5th day of October, 1903. Said injuries were sustained by me while walking upon…
2Cases cited7 opinions
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Miles v. City of LynnMassachusetts Supreme Judicial Court · 1881
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
- Mears v. City of SpokaneWashington Supreme Court · 1900
- Strange v. City of St. JosephMissouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
- Reid v. Kansas CityMissouri Court of Appeals · 1917
- Frogge v. Nyquist Plumbing and Ditching CompanySupreme Court of Missouri · 1970
- Beane v. City of St. Joseph & Brittain Investment Co.Missouri Court of Appeals · 1922
- David v. City of St. LouisSupreme Court of Missouri · 1936
9 more not listed; retrieve them via the Exa API.