Cohn v. City of Kansas
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The change of venue -was improperly awarded. The affidavit was sworn to by a formal party of record, but not by the party in interest. Huthsing v. Mans, 36 Mo. 107; In the Matter of Whitson’s Estate, 89 Mo. 58. The exception was properly saved and in the proper court.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The change of venue -was improperly awarded. The affidavit was sworn to by a formal party of record, but not by the party in interest. Huthsing v. Mans, 36 Mo. 107; In the Matter of Whitson’s Estate, 89 Mo. 58. The exception was properly saved and in the proper court. Squires v. Chillicothe, 89 Mo. 232. (2) Notwithstanding the evidence conclusively shows plaintiff to have been guilty of contributory negligence, yet the ■court instructed that the law presumed her to be in the exercise of ordinary care. This presumption exists…
1Opinion of the CourtBlack, J.
Lena Cohn and her husband brought this. suit against the City of Kansas and the Grand Avenue Railway Company to recover damages for injuries which she received from falling into an excavation in a street, made by .the railway company under authority from the city. The important averment of the petition is that both defendants negligently permitted the excavation to remain in the street without guardrails to protect persons from falling into it. The defendant dismissed as to the railway company, and the plaintiff took a change of venue to Buchanan' county, where there -was a verdict and j…
2Cases cited4 opinions
- Town of Gosport v. EvansIndiana Supreme Court · 1887
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- City of Centralia v. KrouseIllinois Supreme Court · 1872
3Cited by28 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
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