Legal Opinion

Naylor v. City of Harrisonville

Supreme Court of Missouri

Decided November 27, 1907PublishedCited by 8 opinions

Appeal from Cass Circuit Court. — Row. W. L. Jarrott, Judge. (1) When the officers of a city do some act evidencing an intention to assume jurisdiction or control-over a street or public highway, then the obligation of the city arises, and it must keep same in proper and safe condition for travel or respond in damages for injuries sustained thereon.

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Appeal from Cass Circuit Court. — Row. W. L. Jarrott, Judge. (1) When the officers of a city do some act evidencing an intention to assume jurisdiction or control-over a street or public highway, then the obligation of the city arises, and it must keep same in proper and safe condition for travel or respond in damages for injuries sustained thereon. Conner v. Nevada, 188 Mo. 160; Ely v. St. Louis, 181 Mo. 723; Downend v. Kansas City, 156 Mo. 68; Baldwin v. Springfield, 141 Mo. 205; Bachman v. St. Louis, 121 Mo. 536 ; Johnson v. St. Joseph, 96 Mo. App. 699; O^Malley v. Lexington, 99 Mo. App.…

1Opinion of the CourtWoodson, J.

— This suit was instituted' in the circuit court of Cass county by the plaintiffs, seeking to enjoin the defendants from the construction of a concrete sidewalk, four feet in width, along a nameless street, avenue, alley or public highway, on the west side of blocks 220 and 217, in the city of Harrisonville, a city of the fourth class.

There was a trial before the court, and the findings and decree were for plaintiffs, permanently enjoining the defendants from constructing the walk. In due time and in proper manner the defendants appealed the cause to this court.

*345The facts are few and…

2Cases cited4 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Meier v. City of St. LouisSupreme Court of Missouri · 1904
  3. Heitz v. City of St. LouisSupreme Court of Missouri · 1892
  4. Eyerman v. BlaksleySupreme Court of Missouri · 1883

3Cited by8 opinions

  1. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  2. Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
  3. City of Laddonia v. DaySupreme Court of Missouri · 1915
  4. Railroad Commissioners v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1909
  5. Mudd v. WehmeyerSupreme Court of Missouri · 1929

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