Wilson v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Lucian J. Eastin, Judge. (1) Plaintiff’s instruction one, is erroneous for the following reasons: It does not require the jury to find that the defendant had notice of the defect for a sufficient length of time to enable the city to have a reasonable length of time in which to repair the same.
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Appeal from Buchanan Circuit Court. — Eon. Lucian J. Eastin, Judge. (1) Plaintiff’s instruction one, is erroneous for the following reasons: It does not require the jury to find that the defendant had notice of the defect for a sufficient length of time to enable the city to have a reasonable length of time in which to repair the same. It does not require the jury to find that the plaintiff had served a written notice upon the city within sixty days after her injury, notifying the city of her injury, and that she would bring suit for the same. Ball v. Neosho, 109 Mo. App. 693; Badgley v. St.…
1Opinion of the Court
JOHNSON, J. —
Plaintiff sued the city of St. Joseph, a city of the second class, to recover damages for ' personal injuries alleged to have been caused by the neg- . ligence of defendant in failing to maintain one of its public streets in proper repair. Verdict and judgment were for plaintiff and the cause is here on the appeal of defendant.
The injury occurred about ten o’clock p. m. October 31, 1908, on Edmond street between Twentieth and twenty-first streets. Accompanied by two of her children, plaintiff, on her way home, was walking eastward on the sidewalk space on the south side of Edmond…
2Cases cited7 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
- Plummer v. City of MilanMissouri Court of Appeals · 1899
- Ball v. City of NeoshoMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCombs v. EllsberrySupreme Court of Missouri · 1935
- City of East Chicago v. GilbertIndiana Court of Appeals · 1915
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
- O'Connell Ex Rel. Shepard v. Kansas CityMissouri Court of Appeals · 1921