Stater v. City of Joplin
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — How. David E. Blair, Judge. (1) The court erred in holding the plaintiff could not recover on the facts stated in the petition. 'Barrie v. Cape Girardeau, 197 Mo. 383 and authorities cited in brief. (2) The court erred in sustaining defendant’s demurrer to the petition. City of Greencastle v. Martin, 74 Ind. 449; "Wilks v. Caruthersville, 162 Mo. App. 492, 501; Whitfield v. Carrollton, 50 Mo.
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Appeal from Jasper County Circuit Court, Division Number Two. — How. David E. Blair, Judge. (1) The court erred in holding the plaintiff could not recover on the facts stated in the petition. 'Barrie v. Cape Girardeau, 197 Mo. 383 and authorities cited in brief. (2) The court erred in sustaining defendant’s demurrer to the petition. City of Greencastle v. Martin, 74 Ind. 449; "Wilks v. Caruthersville, 162 Mo. App. 492, 501; Whitfield v. Carrollton, 50 Mo. App. 98; Flori v. City of St. Louis, 3 Mo. App. 231; Carrington v. City of St. Louis, 89 Mo. 209, 215, 216. (1) A city is not liable for…
1Opinion of the CourtFarrington, J.
The trial court sustained a general demurrer to plaintiff’s petition, on which the plaintiff stood and brings her appeal to this court alleging error in holding that she could not recover on the facts stated. Counsel for plaintiff have made a fair statement of the case as alleged, and we adopt it:
“On the--day of June, 1913, the plaintiff was sitting in her buggy, with the horse hitched thereto facing north, on the east side of Main street in the city of Joplin. Main street is the business street of Joplin, and the one where there is the greatest amount of traffic. It is nearly always crowded…
2Cases cited17 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
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3Cited by4 opinions
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
- Auslander v. City of St. LouisSupreme Court of Missouri · 1933
- Griffith v. City of ButteMontana Supreme Court · 1925
- Harding v. City of HawthorneCalifornia Court of Appeal · 1931