Hurst v. City of Ash Grove
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. P. Geiger, Judge. The petition does not state a cause of action in that it fails to allege that defendant had notice of the obstruction that caused the injury, or to allege facts or circumstances from which notice might be legally inferred. Weightman v. Corporation, 1 Black, 52; Turner v. City, 97 Ind. 51, reported in 7 Am. and Eng.
Read the full summary
Appeal from Greene Circuit Court. — Hon. W. P. Geiger, Judge. The petition does not state a cause of action in that it fails to allege that defendant had notice of the obstruction that caused the injury, or to allege facts or circumstances from which notice might be legally inferred. Weightman v. Corporation, 1 Black, 52; Turner v. City, 97 Ind. 51, reported in 7 Am. and Eng. Corp. Oases, and authorities cited in note to that case, p. 162. The defective petition is not cured by the verdict and judgment. R. S. sec. 3515. (1) The answer confesses defendant’s negligence and then denies all facts…
1Opinion of the Court
Norton, .C. J.
This is an action to recover damages for injuries alleged to have been sustained by Sarah Hurst (wife of her co-plaintiff) in consequence of the negligence of defendant in allowing an obstruction on Main street in said city. On the trial, plaintiffs obtained judgment for five thousand dollars, from which defendant has appealed, and while the record shows that during the progress of the trial a number of objections were made by defendant and exceptions saved, the only points made in the brief of counsel are, that the petition does not state a cause of action in that it fails .to…
2Cases cited4 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
3Cited by18 opinions
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Rodgers v. Western Home Town Mutual Fire InsuranceSupreme Court of Missouri · 1905
- Wells v. AdamsMissouri Court of Appeals · 1901
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
- Lycett v. WolffMissouri Court of Appeals · 1891
13 more not listed; retrieve them via the Exa API.