Carter v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Mon. L. J. Mas-tin, Judge. The written notice served upon the city did not meet the requirement of the statute, and the verdict should have been for the defendant, city. R. S. 1899, sec. 5724; Gardner v. City of New London, 28 Atl.
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Appeal from Buchanan Circuit Court. — Mon. L. J. Mas-tin, Judge. The written notice served upon the city did not meet the requirement of the statute, and the verdict should have been for the defendant, city. R. S. 1899, sec. 5724; Gardner v. City of New London, 28 Atl. Rep. 42; Larkin v. Boston, 128 Mass. 522; Freligh v. Directors of Sogrates, 70 Hun 589, 24 N. Y. Sup. 182; Donnelly v. City of Fall River, 132 Miass. 299; White v. Stowe, 54 Yt. 510; Lilly v. Town of Woodstock, 59 Conn. 219, 22 Atl. Rep. 40; Giddings v. Iowa, 54 Yt. 346; Taylor v. Inhabitants of Woburn, 130 Mass. 498; Sherry v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sues to recover damages for injuries occasioned by defects in one of the defendant’s sidewalks, alleged to have been negligently maintained.
It is alleged in the petition and the evidence shows that the injury occurred on the 29th day of December, 1908, while in the written notice of the injury it occurred on the 29th day of January, 1909. The defend*505ant objected, to the introduction of the notice for the reason that it gave a date other than the one stated in the petition, and the date as shown by the evidence; which objection the court overruled. The evidence showed that the…
2Cases cited1 opinion
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
3Cited by5 opinions
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- City of Fort Wayne v. BenderIndiana Court of Appeals · 1914
- Curtiss Candy Co. v. National Finance Corp.Missouri Court of Appeals · 1934