Downend v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Heney, Judge. (1) The court erred in refusing to instruct the jury peremptorily to find for the defendant, for the reason that there was no evidence that Twenty-third street has been accepted by the city as a public street. R. S. 1889, sec. 6570; State ex ret. v. Chase, 42 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Heney, Judge. (1) The court erred in refusing to instruct the jury peremptorily to find for the defendant, for the reason that there was no evidence that Twenty-third street has been accepted by the city as a public street. R. S. 1889, sec. 6570; State ex ret. v. Chase, 42 Mo. App. 343. In order to charge the municipality with the duty to repair, or to make it liable for injuries for suf- • fering a street or highway to be or to remain defective, there must be an acceptance of the dedication, and this acceptance must be by the proper or…
1Opinion of the CourtEllison, J.
This is an action for damages charged to have resulted t6 plaintiff by reason of her being injured on one of defendant’s streets. The judgment was for plaintiff and defendant appeals.
A point was made at the trial whether the place of accident was a street of the defendant and this involves the question whether there had been an acceptance of it as a street by the city. Defendant now complains of the instructions on this head.
*532corporations: street dedicañon: accept-A landowner may dedicate a strip of ground for a street, but this does not impose upon the municipality the duty to improve and…
Also in this document: Concurrence.
2Cases cited13 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
- Kennedy v. Mayor & City CouncilCourt of Appeals of Maryland · 1888
- Landis v. HamiltonSupreme Court of Missouri · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Curran v. City of St. JosephMissouri Court of Appeals · 1910
- Lawson v. Village of HazelwoodMissouri Court of Appeals · 1962
- Robinson v. Kansas City, Missouri, & The Parker-Washington Co.Missouri Court of Appeals · 1914
- Evans v. City of JoplinMissouri Court of Appeals · 1898