Conner v. City of Nevada
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. H. G. Timmonds, Judge. (1) Defendant is not primarily liable in this action. Secs. 11 and 12, art. 10, Constitution. (2) Tbe intention of the Constitution was to put municipalities such as defendant upon a cash basis absolutely.
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Appeal from Vernon Circuit Court. — Hon. H. G. Timmonds, Judge. (1) Defendant is not primarily liable in this action. Secs. 11 and 12, art. 10, Constitution. (2) Tbe intention of the Constitution was to put municipalities such as defendant upon a cash basis absolutely. Book v. Earl, 87 Mo. 252; Barnard & Co. v. Knox Co., 105 Mo. 386; Andrew Co. v. Schell, 135 Mo. 38; State v. Payne, 151 Mo. 669; Railroad v. Thornton, 152 Mo. 574; State v. Johnson, 162 Mo. 629; State v. Railroad, 169 Mo. 574. (3) The fact that the Supreme Court has heretofore assumed that cities and towns are liable in actions…
1Opinion of the CourtYalliant, J.
The substance of the plaintiff’s petition is that, on the night of July 17,1901, while she was walking along one of the public streets of the defendant city exercising ordinary care, she fell into a hole that defendant had negligently allowed to be in the street; and received severe personal injuries. The answer was a general denial and a plea of contributory negligence. The trial resulted in a verdict and judgment for the plaintiff for three thousand dollars from which defendant appealed.
I. The first point presented in the brief of appellant is that under the terms of sections 11 ánd 12 of…
2Cases cited11 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- City of Chicago v. SextonIllinois Supreme Court · 1885
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Downend v. Kansas CitySupreme Court of Missouri · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- City of Long Beach v. LisenbyCalifornia Supreme Court · 1919
- Duke v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1957
- State ex rel. Smith v. Mayor of AldermanSupreme Court of Missouri · 1907
- Wagner v. . MittendorfNew York Court of Appeals · 1922
20 more not listed; retrieve them via the Exa API.